12280 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations 

Bureau, Policy Division, (202) 418–

2120. Questions concerning the OMB 

control number should be directed to 

Cathy Williams, Federal 

Communications Commission, 202–

418–2918, or via the Internet at 

Cathy.Williams@fcc.gov. 

SUPPLEMENTARY INFORMATION: In a 

Report and Order (‘‘Order’’) released on 

October 1, 2007, FCC 07–169, and 

published in the Federal Register on 

October 4, 2007, 72 FR 56645, the 

Federal Communications Commission 

adopted rules revising the procedures 

applicable to program access complaint 

proceedings which contained 

information collection requirements 

subject to the Paperwork Reduction Act. 

The Report and Order stated that the 

rule changes requiring OMB approval 

would become effective immediately 

upon announcement of OMB approval 

in the Federal Register. On February 15, 

2008, the OMB approved the 

information collection requirements 

contained in 47 CFR 76.1003(e)(1) and 

(j). This information collection is 

assigned OMB Control Number 3060–

0888. This publication satisfies the 

statement that the Commission would 

publish a document announcing the 

effective date of the rule changes 

requiring OMB approval. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E8–4452 Filed 3–6–08; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 071218860–8246–02] 

RIN 0648–AW26 

Pacific Halibut Fisheries; Catch 

Sharing Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: The Assistant Administrator 

for Fisheries, NOAA (AA), on behalf of 

the International Pacific Halibut 

Commission (IPHC), publishes annual 

management measures promulgated as 

regulations by the IPHC and approved 

by the Secretary of State governing the 

Pacific halibut fishery. The AA also 

announces modifications to the Catch 

Sharing Plan (CSP) for Area 2A (waters 

off the U.S. West Coast) and 

implementing regulations for 2008, and 

announces approval of the Area 2A CSP. 

These actions are intended to enhance 

the conservation of Pacific halibut and 

further the goals and objectives of the 

Pacific Fishery Management Council 

(PFMC) and the North Pacific Fishery 

Management Council (Council). 

DATES: Effective March 8, 2008. 

ADDRESSES: Additional requests for 

information regarding this action may 

be obtained by contacting: the 

International Pacific Halibut 

Commission, P.O. Box 95009, Seattle, 

WA 98145–2009; or Sustainable 

Fisheries Division, NMFS Alaska 

Region, P.O. Box 21668, Juneau, AK 

99802–1668, Attn: Ellen Sebastian, 

Records Officer; or Sustainable Fisheries 

Division, NMFS Northwest Region, 7600 

Sand Point Way, NE, Seattle, WA 98115. 

This final rule also is accessible via the 

Internet at the Government Printing 

Office’s website at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

waters off Alaska, Peggy Murphy, 907–

586–8743 , e-mail at 

peggy.murphy@noaa.gov; or, for waters 

off the U.S. West Coast, Jamie Goen, 

206–526–4646, email at 

jamie.goen@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The IPHC has promulgated 

regulations governing the Pacific halibut 

fishery in 2008 under the Convention 

between the United States and Canada 

for the Preservation of the Halibut 

Fishery of the North Pacific Ocean and 

Bering Sea (Convention), signed at 

Ottawa, Ontario, on March 2, 1953, as 

amended by a Protocol Amending the 

Convention (signed at Washington, D.C., 

on March 29, 1979). The IPHC 

regulations have been approved by the 

Secretary of State of the United States 

under section 4 of the Northern Pacific 

Halibut Act (Halibut Act, 16 U.S.C. 773–

773k). 

The Halibut Act provides the 

Secretary with the authority and general 

responsibility to carry out the 

requirement of the Convention and the 

Halibut Act. Regulations that are not in 

conflict with approved IPHC regulations 

may be recommended by the North 

Pacific Fishery Management Council 

and implemented by the Secretary 

through NMFS to allocate harvesting 

privileges among the U.S. fishermen in 

and off of Alaska. The Council has 

exercised this authority most notably in 

the development of its Individual 

Fishing Quota (IFQ) Program, codified 

at 50 CFR 679, and subsistence halibut 

fishery management measures, codified 

at 50 CFR 300.65. The Council also has 

been developing a regulatory program to 

manage the guided sport charter vessel 

fishery for halibut. Work on this 

program is ongoing and includes harvest 

restrictions and a moratorium on new 

entry into the charter vessel fishery. 

NMFS took regulatory action in 2007 to 

reduce sport fish harvest of halibut in 

Area 2C by amending the two fish bag 

limit with the restriction that at least 

one of the two halibut retained is no 

longer than 32 in (81.3 cm) with its head 

on. Given continued concern for the 

poundage of halibut harvested by the 

guided sport charter vessel fishery in 

Area 2C, NMFS published a proposed 

rule that would reduce sport fishing 

mortality of halibut in the Area 2C 

charter vessel fishery to a level 

comparable to the Council’s Guideline 

Harvest Level (GHL). NMFS provides 

annual notice of the guideline harvest 

level (GHL) for Areas 2C and 3A to meet 

regulatory requirements and inform the 

public. Notice was published this year 

on February 5, 2008 (73 FR 6709). 

Pursuant to regulations at 50 CFR 

300.62, the approved IPHC regulations 

setting forth the 2008 IPHC annual 

management measures are published in 

the Federal Register to provide notice of 

their effectiveness, and to inform 

persons subject to the regulations of the 

restrictions and requirements. These 

management measures are effective 

until superseded by the 2009 

management measures, which NMFS 

will publish in the Federal Register. As 

noted, NMFS anticipates implementing 

more restrictive regulations for the Area 

2C charter vessel fishery and 

participants in that fishery are advised 

to check the current federal and state 

regulations prior to fishing. 

The IPHC held its annual meeting in 

Portland, Oregon, January 15–18, 2008, 

and adopted regulations for 2008. The 

substantive changes to the previous 

IPHC regulations (72 FR 11792, March 

14, 2007) include: 

1. New halibut catch limits in all 

regulatory areas (areas); 

2. A prohibition on tagging halibut 

except as authorized by IPHC; 

3. Addition of a net-weight definition 

that applies to all halibut fishing; 

4. Changes to the regulations 

regarding possession of Area 4 halibut 

on a vessel with a Vessel Monitoring 

System (VMS); 

5. Restriction on the filleting of 

halibut on board sport fishing vessels in 

waters in and off Alaska; 

6. New commercial halibut fishery 

opening dates; 


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7. Approval of a new logbook for Area 

2A; and 

8. Adoption of the revised CSP and 

2008 recreational management measures 

for Area 2A. 

Non-substantive changes to the 

previous IPHC regulations include: 

clarifying the weight referred to in 

paragraph 17(5) is the scale weight; 

replacing the redundant reference to 

Areas 4A, 4B, 4C or 4D in paragraph 

18(4) with reference to Area 4; and a 

reorganization of paragraph 25, Sport 

Fishing for Halibut. Paragraph 25 was 

reorganized to create a new general 

sport fish paragraph that applies to all 

IPHC regulatory areas. The remaining 

sport regulations were then grouped by 

regulations specific to IPHC regulatory 

areas, resulting in a new paragraph 26 

for Area 2A, new paragraph 27 for Area 

2B, and new paragraph 28 for Areas 2C, 

3A, 3B, 4A, 4B, 4C, 4D, 4E. Previous 

paragraph 26, Previous Regulations 

Superseded, is now paragraph 29. 

Catch Limits 

The IPHC recommended to the 

governments of Canada and the United 

States catch limits for 2008 totaling 

60,400,000 pounds (27,397 mt), a 7.3 

percent reduction from the 2007 catch 

limit. The decline in biomass is 

attributed to the exceptionally strong 

1987 and 1988 year classes passing out 

of the fishery. Recruitment of the 1994 

and 1995 year classes is above average 

and the 1999 and 2000 year classes are 

also estimated to be above average but 

several years away from making major 

contributions to the exploitable biomass 

of the stock. 

The IPHC staff reported on the 2007 

assessment of the Pacific halibut stock 

that implemented a coastwide 

estimation of biomass, compared with 

previous assessments which assessed 

stock biomass for each individual IPHC 

regulatory area. The IPHC and its 

advisory bodies endorsed the coastwide 

assessment and accepted staff’s 

recommended constant exploitation 

yield (CEY) estimates for the areas. 

The IPHC recommended a 20 percent 

harvest rate for Areas 2A through Area 

4A and adopted catch limits in Areas 4B 

and 4CDE based on a harvest rate of 15 

percent. Low levels of recruitment and 

lower levels of productivity in Areas 4B 

and 4CDE support lower harvest rates in 

these areas. The IPHC staff is concerned 

about the harvest rate in Area 4A and 

will evaluate optimum harvest rates for 

all of Area 4 during the coming year. In 

2008, the IPHC will also repeat the 

standardized setline assessment survey 

in the eastern Bering Sea done in 2006 

and expand it to the eastern Bering Sea 

flats. 

Tagging 

The IPHC regulation stipulates 

conditions for retention, landing, 

reporting and accounting of halibut that 

bear an IPHC external tag (Paragraph 

21). The IPHC adopted a new regulation 

restricting who may tag a halibut 

(Paragraph 17(13)): No person shall tag 

halibut unless the tagging is authorized 

by IPHC permit or by a Federal or State 

agency. Halibut are to be tagged for 

scientific purposes authorized by IPHC 

or Federal and State agencies. 

Unauthorized individuals and 

organizations will be required to obtain 

a permit from IPHC to tag halibut. This 

requirement aids coordination of halibut 

research and data collection, and 

application of best practices for tagging 

to maximize fish survival. 

Net weight 

IPHC regulation at paragraph 3(1), 

which defines net weight, is reworded 

and expanded from ‘‘halibut that is 

gutted, head-off, and without ice and 

slime’’ to: 

Net weight of a halibut means the weight of 

halibut that is without gills and entrails, 

head-off, washed, and without ice and slime. 

If a halibut is weighed with the head on or 

with ice and slime, the required conversion 

factors for calculating net weight are a 2% 

deduction for ice and slime and a 10% 

deduction for the head. 

The definition includes a percentage 

of the fish weight that can be attributed 

to the head and to ice and slime. The 

purpose of adding the percentage is to 

standardize conversion of a weighed 

halibut to net weight and to assist 

enforcement. The percentages represent 

the amount of fish weight that is 

deducted from the weighed halibut to 

estimate the net weight. These 

conversion amounts are in agreement 

with the Condition of License in British 

Columbia and quota share regulations in 

Alaska. This interpretation applies 

generally to all halibut fishing. 

Area 4 VMS 

New provisions in paragraph 18, 

Fishing Multiple Regulatory Areas, 

paragraph (3) allow possession on board 

a vessel of halibut that have been caught 

in more than one of the Areas 4A, 4B, 

4C, or 4D when the operator of the 

vessel has an operational Vessel 

Monitoring System (VMS) on board 

actively transmitting in all regulatory 

areas fished. The provision limits 

possession of halibut on board a vessel 

with an actively transmitting VMS to no 

more halibut than the IFQ available for 

harvest to all permit holders on board 

the vessel in the area the vessel is 

fishing independent of areas where the 

vessel has fished previously. The 

allowance to retain halibut caught in 

multiple areas of Area 4 provided each 

halibut’s area of capture have not 

changed remains. The area specific 

possession limit of IFQ holders on board 

the vessel also remains. The new VMS 

provision has potential to reduce the 

number of times a vessel transits to and 

from the fishing grounds and provides 

additional flexibility in monitoring and 

enforcement of catch. 

Change to Alaska sport fishing 

regulations 

The allowable condition of halibut in 

a person’s possession in waters in and 

off Alaska has been modified in 

paragraph 28(2), Sport Fishing for 

Halibut—Areas 2C, 3A, 3B, 4A, 4B, 4C, 

4D, 4E to read as follows: 

In Convention waters off the coast of Alaska, 

no person shall possess on board a fishing 

vessel, including charter vessels and pleasure 

craft used for fishing, halibut that has been 

filleted, mutilated, or otherwise disfigured in 

any manner except that each halibut may be 

cut into no more than 2 ventral, 2 dorsal 

pieces, and 2 cheeks, with skin on. 

The description of fishing vessel 

includes charter vessels and pleasure 

craft used for fishing. The exception to 

cut halibut into identifiable dorsal, 

ventral and cheek pieces is intended to 

improve identification of the number of 

retained halibut that are sport-caught in 

Alaska. 

Commercial halibut fishery opening 

dates 

The opening date for the tribal 

commercial fishery in Area 2A and for 

the commercial halibut fisheries in 

Areas 2B through 4E is March 8, 2008. 

The date takes into account a number of 

factors including, tides, timing of 

halibut migration and spawning, 

marketing for seasonal holidays, and 

interest in getting product in the 

processing plants before the herring 

season opens. The close of the 

commercial halibut fishery is November 

15, 2008. 

In the Area 2A directed fishery, each 

fishing period shall begin at 0800 hours 

and terminate at 1800 hours local time 

on June 11, June 25, July 9, July 23, 

August 6, August 20, September 3 and 

September 17 unless the Commission 

specifies otherwise. These 10-hour 

openings will occur until the quota is 

taken and the fishery is closed. 

Logbook 

The IPHC regulations identify the 

logbooks that must be used in the U.S. 

commercial halibut fisheries. The 

Commission approved the Washington 

Department of Fish and Wildlife 

(WDFW) voluntary sablefish logbook as 

a logbook for use by U.S. operators in 


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the Area 2A commercial halibut fishery. 

The IPHC worked with WDFW to 

incorporate all needed data elements in 

the logbook. Adoption of this logbook 

reduces duplication of logbooks for 

sablefish fishermen who retain halibut 

in Area 2A. 

Catch Sharing Plan (CSP) and 2008 

Recreational Management Measures for 

Area 2A 

This action also implements the CSP 

for regulatory Area 2A. This plan was 

developed by the PFMC under authority 

of the Halibut Act. Section 5 of the 

Halibut Act (16 U.S.C. 773c) provides 

the Secretary of Commerce (Secretary) 

with general responsibility to carry out 

the Convention and to adopt such 

regulations as may be necessary to 

implement the purposes and objectives 

of the Convention and the Halibut Act. 

The Secretary’s authority has been 

delegated to the AA. Section 5 of the 

Halibut Act (16 U.S.C. 773c(c)) also 

authorizes the Regional Fishery 

Management Council having authority 

for the geographic area concerned to 

develop regulations governing the 

Pacific halibut catch in United States 

Convention waters that are in addition 

to, but not in conflict with, regulations 

of the IPHC. Pursuant to this authority, 

the PFMC’s Area 2A CSP allocates the 

halibut catch limit for Area 2A among 

treaty Indian, non-treaty commercial, 

and non-treaty sport fisheries in and off 

Washington, Oregon, and California. 

For 2008 and beyond, PFMC 

recommended changes to the CSP to 

modify the Pacific halibut fisheries in 

Area 2A to: 1. Reopen the Washington 

North Coast subarea June sport fishery 

on the first Tuesday following June 16; 

2. Clarify that the Saturday offshore 

opener in the Washington North Coast 

subarea June sport fishery is contingent 

on available quota; 3. Provide flexibility 

in the date that the entire Washington 

North Coast subarea sport fishery 

reopens for one day after June 24; 4. 

Retain the opening date of May 1 for the 

Washington South Coast subarea 

primary sport fishery in 2008 and, 

starting in 2009, revise the opening date 

to May 1 if it is a Sunday, otherwise, 

open on the first Sunday following May 

1; 5. Set the Washington South Coast 

subarea primary sport fishery as a 2-day 

per week fishery, open Sunday and 

Tuesday; 6. Set aside 10 percent of the 

Washington South Coast subarea quota 

for the nearshore sport fishery once the 

primary fishery has closed; 7. Set the 

Washington South Coast subarea 

nearshore sport fishery as a 4-day per 

week fishery, open Friday, Saturday, 

Sunday, and Tuesday; 8. Remove 

outdated language referring to the 

25,000 lb annual tribal allocation 

resulting from U.S. v. Washington; 9. 

Edit language referring to the number of 

sport subareas to clarify that there are 

six rather than seven; and 10. Revise the 

flexible in-season management 

provisions for the sport fisheries to 

allow modification of subarea quotas in 

all subareas. NMFS published a 

proposed rule to implement the PFMC’s 

recommended changes to the CSP, and 

to implement the 2008 Area 2A sport 

fishing season regulations on January 2, 

2008 (73 FR 140). 

This final rule announces approval of 

revisions to the Area 2A CSP and 

implements the Area 2A CSP and 

management measures for 2008. These 

halibut management measures are 

effective until superseded by the 2009 

halibut management measures, which 

will be published in the Federal 

Register. 

Comments and Responses 

NMFS accepted comments through 

February 1, 2008, on the proposed rule 

to implement the 2008 Area 2A CSP and 

received one letter of comment apiece 

from Washington Department of Fish 

and Wildlife (WDFW) and Oregon 

Department of Fish and Wildlife 

(ODFW), plus two comments from 

members of the public. Comments from 

the public were not relevant to the 

subject of the proposed rule, Area 2A 

halibut fisheries, and are, therefore, not 

addressed in this Comments and 

Responses section. NMFS also received 

a letter from the United States 

Department of Interior indicating that it 

had no comments to offer. 

Comment 1: The WDFW held a public 

meeting on January 29, 2008, to review 

the results of the 2007 Puget Sound 

halibut fishery, and to develop season 

dates for the 2008 sport halibut fishery. 

Based on the 2008 Area 2A total 

allowable catch of 1.22 million pounds 

(553.4 mt,) the halibut quota for the 

Puget Sound sport fishery is 59,354 lb 

(26.9 mt.) Applying WDFW’s Fishing 

Equivalent Day (FED) method for 

estimating the Puget Sound fishery’s 

season length, and applying the highest 

catch per FED in the past five years, 

there are 76 FEDs available in 2008. 

WDFW recommends that the regions 

within the Puget Sound sport halibut 

fishery will be open 5 days a week 

(Thursday through Monday) as follows: 

Eastern Region to be open April 10 

through June 13, 2008; and Western 

Region to be open May 22 through July 

21, 2008. 

Response: NMFS agrees with WDFW’s 

recommended Puget Sound season dates 

and has implemented them via this final 

rule. 

Comment 2: ODFW held a public 

meeting on January 24, 2008, to gather 

comments on the open dates for the 

recreational all-depth fishery in 

Oregon’s Central Coast sub-area. Since 

2004, the number of open fishing days 

that could be accommodated in the 

Spring fishery has been roughly 

constant. The catch limit for this subarea’s Spring season will be 159,577 lb 

(72.4 mt) in 2008, based on the IPHC’s 

2008 TAC for Area 2A. Given the 

relatively constant effort pattern in 

recent years, and the similar quota level 

in 2008 to that in 2007, ODFW 

recommends setting a Central Coast alldepth fishery of 15 days, with 9 

additional back-up dates, in case the 

sub-area’s Spring quota is not taken in 

the initial 15 days. ODFW recommends 

the following days for the Spring 

fishery, within this sub-area’s 

parameters for a Thursday-Saturday 

season and with weeks of adverse tidal 

conditions skipped (except for the 

opening weekend): regular open days of 

May 8–10, May 15–17, May 22–24, May 

29–31, and June 12–14; back-up open 

days of June 26–28, July 10–12, and July 

24–26. For the Summer fishery in this 

sub-area, ODFW recommended 

following the CSP’s parameters of 

opening the first Friday in August, with 

open days to occur every other FridaySunday, unless modified in-season 

within the parameters of the CSP. Under 

the CSP, the 2008 summer all-depth 

fishery in Oregon’s Central Coast subarea would occur: August 1–3, August 

15–17, August 29–31, September 12–14, 

September 26–28, October 10–12, and 

October 24–26. 

Response: NMFS agrees with ODFW’s 

recommended Central Coast season 

dates and has implemented them via 

this final rule. 

Changes from the Proposed Rule 

On January 2, 2008, NMFS published 

a proposed rule on changes to the CSP 

and recreational management measures 

for Area 2A (73 FR 140). In the proposed 

rule on page 142, the rule said that the 

Washington North Coast sport fishery 

would start on May 15. This was 

incorrect. Paragraph (f) (1) (ii) of the 

CSP states that ‘‘the fishery will open on 

the first Tuesday between May 9 and 

May 15 ...’’ According to the CSP, that 

date should be May 13 in 2008. This 

final rule includes the corrected 

Washington North Coast sport halibut 

fishery start date in Section 26. (8) (b) 

(i) (A). 

Annual Halibut Management Measures 

The annual management measures 

that follow for the 2008 Pacific halibut 


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1Call NOAA Enforcement Division, Alaska 

Region, at 907–586–7225 between the hours of 0800 

and 1600 local time for a list of NMFS-approved 

VMS transmitters and communications service 

providers. 

fishery are those adopted by the IPHC 

and approved by the Secretary of State. 

1. Short Title 

These regulations may be cited as the 

Pacific Halibut Fishery Regulations. 

2. Application 

(1) These Regulations apply to 

persons and vessels fishing for halibut 

in, or possessing halibut taken from, the 

maritime area as defined in Section 3 

(2) Sections 3 to 6 apply generally to 

all halibut fishing. 

(3) Sections 7 to 20 apply to 

commercial fishing for halibut. 

(4) Section 21 applies to tagged 

halibut caught by any vessel. 

(5) Section 22 applies to the United 

States treaty Indian fishery in Subarea 

2A–1. 

(6) Section 23 applies to customary 

and traditional fishing in Alaska. 

(7) Section 24 applies to Aboriginal 

groups fishing for food, social and 

ceremonial purposes in British 

Columbia. 

(8) Sections 25 to 28 apply to sport 

fishing for halibut. 

(9) These Regulations do not apply to 

fishing operations authorized or 

conducted by the Commission for 

research purposes. 

3. Interpretation 

(1) In these Regulations, 

(a) Authorized officer means any 

State, Federal, or Provincial officer 

authorized to enforce these regulations 

including, but not limited to, the 

National Marine Fisheries Service 

(NMFS), Canada’s Department of 

Fisheries and Oceans (DFO), Alaska 

Wildlife Troopers (AWT), United States 

Coast Guard (USCG), Washington 

Department of Fish and Wildlife 

(WDFW), and the Oregon State Police 

(OSP); 

(b) Authorized clearance personnel 

means an authorized officer of the 

United States, a representative of the 

Commission, or a designated fish 

processor; 

(c) Charter vessel means a vessel used 

for hire in sport fishing for halibut, but 

not including a vessel without a hired 

operator; 

(d) Commercial fishing means fishing, 

other than 

(i) treaty Indian ceremonial and 

subsistence fishing as referred to in 

section 22, 

(ii) customary and traditional fishing 

as referred to in section 23 and defined 

by and regulated pursuant to NMFS 

regulations published at 50 CFR part 

300, the resulting catch of which is sold 

or bartered; or is intended to be sold or 

bartered, and 

(iii) Aboriginal groups fishing in 

British Columbia as referred to in 

section 24; 

(e) Commission means the 

International Pacific Halibut 

Commission; 

(f) Daily bag limit means the 

maximum number of halibut a person 

may take in any calendar day from 

Convention waters; 

(g) Fishing means the taking, 

harvesting, or catching of fish, or any 

activity that can reasonably be expected 

to result in the taking, harvesting, or 

catching of fish, including specifically 

the deployment of any amount or 

component part of setline gear 

anywhere in the maritime area; 

(h) Fishing period limit means the 

maximum amount of halibut that may 

be retained and landed by a vessel 

during one fishing period; 

(i) Land or offload with respect to 

halibut, means the removal of halibut 

from the catching vessel; 

(j) License means a halibut fishing 

license issued by the Commission 

pursuant to section 4; 

(k) Maritime area, in respect of the 

fisheries jurisdiction of a Contracting 

Party, includes without distinction areas 

within and seaward of the territorial sea 

and internal waters of that Party; 

(l) Net weight of a halibut means the 

weight of halibut that is without gills 

and entrails, head-off, washed, and 

without ice and slime. If a halibut is 

weighed with the head on or with ice 

and slime, the required conversion 

factors for calculating net weight are a 

2% deduction for ice and slime and a 

10% deduction for the head; 

(m) Operator, with respect to any 

vessel, means the owner and/or the 

master or other individual on board and 

in charge of that vessel; 

(n) Overall length of a vessel means 

the horizontal distance, rounded to the 

nearest foot, between the foremost part 

of the stem and the aftermost part of the 

stern (excluding bowsprits, rudders, 

outboard motor brackets, and similar 

fittings or attachments); 

(o) Person includes an individual, 

corporation, firm, or association; 

(p) Regulatory area means an area 

referred to in section 6; 

(q) Setline gear means one or more 

stationary, buoyed, and anchored lines 

with hooks attached; 

(r) Sport fishing means all fishing 

other than 

(i) commercial fishing, 

(ii) treaty Indian ceremonial and 

subsistence fishing as referred to in 

section 22, 

(iii) customary and traditional fishing 

as referred to in section 23 and defined 

in and regulated pursuant to NMFS 

regulations published in 50 CFR part 

300, and 

(iv) Aboriginal groups fishing in 

British Columbia as referred to in 

section 24; 

(s) Tender means any vessel that buys 

or obtains fish directly from a catching 

vessel and transports it to a port of 

landing or fish processor; 

(t) VMS transmitter means a NMFSapproved vessel monitoring system 

transmitter that automatically 

determines a vessel’s position and 

transmits it to a NMFS-approved 

communications service provider 1. 

(2) In these Regulations, all bearings 

are true and all positions are determined 

by the most recent charts issued by the 

United States National Ocean Service or 

the Canadian Hydrographic Service. 

4. Licensing Vessels for Area 2A 

(1) No person shall fish for halibut 

from a vessel, nor possess halibut on 

board a vessel, used either for 

commercial fishing or as a charter vessel 

in Area 2A, unless the Commission has 

issued a license valid for fishing in Area 

2A in respect of that vessel. 

(2) A license issued for a vessel 

operating in Area 2A shall be valid only 

for operating either as a charter vessel 

or a commercial vessel, but not both. 

(3) A vessel with a valid Area 2A 

commercial license cannot be used to 

sport fish for Pacific halibut in Area 2A. 

(4) A license issued for a vessel 

operating in the commercial fishery in 

Area 2A shall be valid for one of the 

following, but not both 

(a) The directed commercial fishery 

during the fishing periods specified in 

paragraph (2) of section 8 and the 

incidental commercial fishery during 

the sablefish fishery specified in 

paragraph (3) of section 8; or 

(b) The incidental catch fishery 

during the salmon troll fishery specified 

in paragraph (4) of section 8. 

(5) A license issued in respect of a 

vessel referred to in paragraph (1) of the 

section must be carried on board that 

vessel at all times and the vessel 

operator shall permit its inspection by 

any authorized officer. 

(6) The Commission shall issue a 

license in respect of a vessel, without 

fee, from its office in Seattle, 

Washington, upon receipt of a 

completed, written, and signed 

‘‘Application for Vessel License for the 

Halibut Fishery’’ form. 

(7) A vessel operating in the directed 

commercial fishery or the incidental 


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2The directed fishery is restricted to waters that 

are south of Point Chehalis, Washington (46°53′18′′ 

N. latitude) under regulations promulgated by 

NMFS and published in the Federal Register. 

3The incidental fishery during the directed, fixed 

gear sablefish season is restricted to waters that are 

north of Point Chehalis, Washington (46°53′18′′ N. 

latitude) under regulations promulgated by NMFS 

at 50 CFR 300.63. 

commercial fishery during the sablefish 

fishery in Area 2A must have its 

‘‘Application for Vessel License for the 

Halibut Fishery’’ form postmarked no 

later than 11:59 PM on April 30, or on 

the first weekday in May if April 30 is 

a Saturday or Sunday. 

(8) A vessel operating in the 

incidental commercial fishery during 

the salmon troll season in Area 2A must 

have its ‘‘Application for Vessel License 

for the Halibut Fishery’’ form 

postmarked no later than 11:59 PM on 

March 31, or the first weekday in April 

if March 31 is a Saturday or Sunday. 

(9) Application forms may be 

obtained from any authorized officer or 

from the Commission. 

(10) Information on ‘‘Application for 

Vessel License for the Halibut Fishery’’

form must be accurate. 

(11) The ‘‘Application for Vessel 

License for the Halibut Fishery’’ form 

shall be completed and signed by the 

vessel owner. 

(12) Licenses issued under section 4 

shall be valid only during the year in 

which they are issued. 

(13) A new license is required for a 

vessel that is sold, transferred, renamed, 

or redocumented. 

(14) The license required under 

section 4 is in addition to any license, 

however designated, that is required 

under the laws of the United States or 

any of its States. 

(15) The United States may suspend, 

revoke, or modify any license issued 

under section 4 under policies and 

procedures in 15 CFR part 904. 

5. In-Season Actions 

(1) The Commission is authorized to 

establish or modify regulations during 

the season after determining that such 

action: 

(a) Will not result in exceeding the 

catch limit established preseason for 

each regulatory area; 

(b) Is consistent with the Convention 

between the United States of America 

and Canada for the Preservation of the 

Halibut Fishery of the Northern Pacific 

Ocean and Bering Sea, and applicable 

domestic law of either Canada or the 

United States; and 

(c) Is consistent, to the maximum 

extent practicable, with any domestic 

catch sharing plans or other domestic 

allocation programs developed by the 

United States or Canadian governments. 

(2) In-season actions may include, but 

are not limited to, establishment or 

modification of the following: 

(a) Closed areas; 

(b) Fishing periods; 

(c) Fishing period limits; 

(d) Gear restrictions; 

(e) Recreational bag limits; 

(f) Size limits; or 

(g) Vessel clearances. 

(3) In-season changes will be effective 

at the time and date specified by the 

Commission. 

(4) The Commission will announce 

in-season actions under section 5 by 

providing notice to major halibut 

processors; Federal, State, United States 

treaty Indian, and Provincial fishery 

officials; and the media. 

6. Regulatory Areas 

The following areas shall be 

regulatory areas (see Figure 1) for the 

purposes of the Convention: 

(1) Area 2A includes all waters off the 

states of California, Oregon, and 

Washington; 

(2) Area 2B includes all waters off 

British Columbia; 

(3) Area 2C includes all waters off 

Alaska that are east of a line running 

340° true from Cape Spencer Light 

(58°11′54′′ N. latitude, 136°38′24′′ W. 

longitude) and south and east of a line 

running 205° true from said light; 

(4) Area 3A includes all waters 

between Area 2C and a line extending 

from the most northerly point on Cape 

Aklek (57°41′15′′ N. latitude, 155°35′00′′ 

W. longitude) to Cape Ikolik (57°17′17′′ 

N. latitude, 154°47′18′′ W. longitude), 

then along the Kodiak Island coastline 

to Cape Trinity (56°44′50′′ N. latitude, 

154°08′44′′ W. longitude), then 140° 

true; 

(5) Area 3B includes all waters 

between Area 3A and a line extending 

150° true from Cape Lutke (54°29′00′′ N. 

latitude, 164°20′00′′ W. longitude) and 

south of 54°49′00′′ N. latitude in 

Isanotski Strait; 

(6) Area 4A includes all waters in the 

Gulf of Alaska west of Area 3B and in 

the Bering Sea west of the closed area 

defined in section 10 that are east of 

172°00′00′′ W. longitude and south of 

56°20′00′′ N. latitude; 

(7) Area 4B includes all waters in the 

Bering Sea and the Gulf of Alaska west 

of Area 4A and south of 56°20′00′′ N. 

latitude; 

(8) Area 4C includes all waters in the 

Bering Sea north of Area 4A and north 

of the closed area defined in section 10 

which are east of 171°00′00′′ W. 

longitude, south of 58°00′00′′ N. 

latitude, and west of 168°00′00′′ W. 

longitude; 

(9) Area 4D includes all waters in the 

Bering Sea north of Areas 4A and 4B, 

north and west of Area 4C, and west of 

168°00′00′′ W. longitude; 

(10) Area 4E includes all waters in the 

Bering Sea north and east of the closed 

area defined in section 10, east of 

168°00′00′′ W. longitude, and south of 

65°34′00′′ N. latitude. 

7. Fishing in Regulatory Area 4E and 4D 

(1) Section 7 applies only to any 

person fishing, or vessel that is used to 

fish for, Area 4E Community 

Development Quota (CDQ) or Area 4D 

CDQ halibut provided that the total 

annual halibut catch of that person or 

vessel is landed at a port within Area 4E 

or 4D. 

(2) A person may retain halibut taken 

with setline gear in Area 4E CDQ and 

4D CDQ fishery that are smaller than the 

size limit specified in section 13, 

provided that no person may sell or 

barter such halibut. 

(3) The manager of a CDQ 

organization that authorizes persons to 

harvest halibut in the Area 4E or 4D 

CDQ fisheries must report to the 

Commission the total number and 

weight of undersized halibut taken and 

retained by such persons pursuant to 

section 7, paragraph (2). This report, 

which shall include data and 

methodology used to collect the data, 

must be received by the Commission 

prior to November 1 of the year in 

which such halibut were harvested. 

8. Fishing Periods 

(1) The fishing periods for each 

regulatory area apply where the catch 

limits specified in section 11 have not 

been taken. 

(2) Each fishing period in the Area 2A 

directed fishery2 shall begin at 0800 

hours and terminate at 1800 hours local 

time on June 11, June 25, July 9, July 23, 

August 6, August 20, September 3, and 

September 17 unless the Commission 

specifies otherwise. 

(3) Notwithstanding paragraph (7) of 

section 11, an incidental catch fishery3is 

authorized during the sablefish seasons 

in Area 2A in accordance with 

regulations promulgated by NMFS. 

(4) Notwithstanding paragraph (2), 

and paragraph (7) of section 11, an 

incidental catch fishery is authorized 

during salmon troll seasons in Area 2A 

in accordance with regulations 

promulgated by NMFS. 

(5) The fishing period in Areas 2B, 2C, 

3A, 3B, 4A, 4B, 4C, 4D, and 4E shall 

begin at 1200 hours local time on March 

8 and terminate at 1200 hours local time 

on November 15, unless the 

Commission specifies otherwise. 

(6) All commercial fishing for halibut 

in Areas 2A, 2B, 2C, 3A, 3B, 4A, 4B, 4C, 


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4D, and 4E shall cease at 1200 hours 

local time on November 15. 

9. Closed Periods 

(1) No person shall engage in fishing 

for halibut in any regulatory area other 

than during the fishing periods set out 

in section 8 in respect of that area. 

(2) No person shall land or otherwise 

retain halibut caught outside a fishing 

period applicable to the regulatory area 

where the halibut was taken. 

(3) Subject to paragraphs (7), (8), (9), 

and (10) of section 19, these Regulations 

do not prohibit fishing for any species 

of fish other than halibut during the 

closed periods. 

(4) Notwithstanding paragraph (3), no 

person shall have halibut in his/her 

possession while fishing for any other 

species of fish during the closed 

periods. 

(5) No vessel shall retrieve any halibut 

fishing gear during a closed period if the 

vessel has any halibut on board. 

(6) A vessel that has no halibut on 

board may retrieve any halibut fishing 

gear during the closed period after the 

operator notifies an authorized officer or 

representative of the Commission prior 

to that retrieval. 

(7) After retrieval of halibut gear in 

accordance with paragraph (6), the 

vessel shall submit to a hold inspection 

at the discretion of the authorized 

officer or representative of the 

Commission. 

(8) No person shall retain any halibut 

caught on gear retrieved referred to in 

paragraph (6). 

(9) No person shall possess halibut 

aboard a vessel in a regulatory area 

during a closed period unless that vessel 

is in continuous transit to or within a 

port in which that halibut may be 

lawfully sold. 

10. Closed Area 

All waters in the Bering Sea north of 

55°00′00′′ N. latitude in Isanotski Strait 

that are enclosed by a line from Cape 

Sarichef Light (54°36′00′′ N. latitude, 

164°55′42′′ W. longitude) to a point at 

56°20′00′′ N. latitude, 168°30′00′′ W. 

longitude; thence to a point at 58°21′25′′ 

N. latitude, 163°00′00′′ W. longitude; 

thence to Strogonof Point (56°53′18′′ N. 

latitude, 158°50′37′′ W. longitude); and 

then along the northern coasts of the 

Alaska Peninsula and Unimak Island to 

the point of origin at Cape Sarichef 

Light are closed to halibut fishing and 

no person shall fish for halibut therein 

or have halibut in his/her possession 

while in those waters except in the 

course of a continuous transit across 

those waters. All waters in Isanotski 

Strait between 55°00′00′′ N. latitude and 

54°49′00′′ N. latitude are closed to 

halibut fishing. 

11. Catch Limits 

(1) The total allowable catch of 

halibut to be taken during the halibut 

fishing periods specified in section 8 

shall be limited to the net weights 

expressed in pounds or metric tons 

shown in the following table: 

Regulatory 

Area 

Catch Limit 

Pounds Metric tons 

2A: directed 

commercial, 

and incidental commercial during salmon 

troll fishery 

251,381 114.0 

2A: incidental commercial during sablefish 

fishery 

70,000 31.8 

2B4 9,000,000 4,081.6 

2C 6,210,000 2,816.3 

3A 24,220,000 10,984.1 

3B 10,900,000 4,943.3 

4A 3,100,000 1,405.9 

4B 1,860,000 843.5 

4C 1,769,000 802.3 

4D 1,769,000 802.3 

4E 352,000 159.6 

4Area 2B includes combined commercial 

and sport catch limits which will be allocated 

by DFO. 

(2) Notwithstanding paragraph (1), 

regulations pertaining to the division of 

the Area 2A catch limit between the 

directed commercial fishery and the 

incidental catch fishery as described in 

paragraph (4) of section 8 will be 

promulgated by NMFS and published in 

the Federal Register. 

(3) The Commission shall determine 

and announce to the public the date on 

which the catch limit for Area 2A will 

be taken. 

(4) Notwithstanding paragraph (1), 

Area 2B will close only when all 

Individual Vessel Quotas (IVQs) 

assigned by DFO are taken, or November 

15, whichever is earlier. 

(5) Notwithstanding paragraph (1), 

Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 

4E will each close only when all IFQs 

and all CDQs issued by NMFS have 

been taken, or November 15, whichever 

is earlier. 

(6) If the Commission determines that 

the catch limit specified for Area 2A in 

paragraph (1) would be exceeded in an 

unrestricted 10-hour fishing period as 

specified in paragraph (2) of section 8, 

the catch limit for that area shall be 

considered to have been taken unless 

fishing period limits are implemented. 

(7) When under paragraphs (2), (3), 

and (6) the Commission has announced 

a date on which the catch limit for Area 

2A will be taken, no person shall fish 

for halibut in that area after that date for 

the rest of the year, unless the 

Commission has announced the 

reopening of that area for halibut 

fishing. 

(8) Notwithstanding paragraph (1), the 

total allowable catch of halibut that may 

be taken in the Area 4E directed 

commercial fishery is equal to the 

combined annual catch limits specified 

for the Area 4D and Area 4E CDQ 

fisheries. The annual Area 4D CDQ 

catch limit will decrease by the 

equivalent amount of halibut CDQ taken 

in Area 4E in excess of the annual Area 

4E CDQ catch limit. 

(9) Notwithstanding paragraph (1), the 

total allowable catch of halibut that may 

be taken in the Area 4D directed 

commercial fishery is equal to the 

combined annual catch limits specified 

for the Area 4C and Area 4D. The 

annual Area 4C catch limit will decrease 

by the equivalent amount of halibut 

taken in Area 4D in excess of the annual 

Area 4D catch limit. 

12. Fishing Period Limits 

(1) It shall be unlawful for any vessel 

to retain more halibut than authorized 

by that vessel’s license in any fishing 

period for which the Commission has 

announced a fishing period limit. 

(2) The operator of any vessel that 

fishes for halibut during a fishing period 

when fishing period limits are in effect 

must, upon commencing an offload of 

halibut to a commercial fish processor, 

completely offload all halibut on board 

said vessel to that processor and ensure 

that all halibut is weighed and reported 

on State fish tickets. 

(3) The operator of any vessel that 

fishes for halibut during a fishing period 

when fishing period limits are in effect 

must, upon commencing an offload of 

halibut other than to a commercial fish 

processor, completely offload all halibut 

on board said vessel and ensure that all 

halibut are weighed and reported on 

State fish tickets. 

(4) The provisions of paragraph (3) are 

not intended to prevent retail over-theside sales to individual purchasers so 

long as all the halibut on board is 

ultimately offloaded and reported. 


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(5) When fishing period limits are in 

effect, a vessel’s maximum retainable 

catch will be determined by the 

Commission based on 

(a) The vessel’s overall length in feet 

and associated length class; 

(b) The average performance of all 

vessels within that class; and 

(c) The remaining catch limit. 

(6) Length classes are shown in the 

following table: 

Overall Length (in 

feet) Vessel Class 

1–25 A 

26–30 B 

31–35 C 

36–40 D 

41–45 E 

46–50 F 

51–55 G 

56+ H 

(7) Fishing period limits in Area 2A 

apply only to the directed halibut 

fishery referred to in paragraph (2) of 

section 8. 

13. Size Limits 

(1) No person shall take or possess 

any halibut that 

(a) with the head on, is less than 32 

inches (81.3 cm) as measured in a 

straight line, passing over the pectoral 

fin from the tip of the lower jaw with 

the mouth closed, to the extreme end of 

the middle of the tail, as illustrated in 

Figure 2; or 

(b) With the head removed, is less 

than 24 inches (61.0 cm) as measured 

from the base of the pectoral fin at its 

most anterior point to the extreme end 

of the middle of the tail, as illustrated 

in Figure 2. 

(2) No person on board a vessel 

fishing for, or tendering, halibut caught 

in Area 2A shall possess any halibut 

that has had its head removed. 

14. Careful Release of Halibut 

(1) All halibut that are caught and are 

not retained shall be immediately 

released outboard of the roller and 

returned to the sea with a minimum of 

injury by 

(a) Hook straightening; 

(b) Cutting the gangion near the hook; 

or 

(c) Carefully removing the hook by 

twisting it from the halibut with a gaff. 

(2) Except that paragraph (1) shall not 

prohibit the possession of halibut on 

board a vessel that has been brought 

aboard to be measured to determine if 

the minimum size limit of the halibut is 

met and, if sublegal-sized, is promptly 

returned to the sea with a minimum of 

injury. 

15. Vessel Clearance in Area 4 

(1) The operator of any vessel that 

fishes for halibut in Areas 4A, 4B, 4C, 

or 4D must obtain a vessel clearance 

before fishing in any of these areas, and 

before the landing of any halibut caught 

in any of these areas, unless specifically 

exempted in paragraphs (10), (13), (14), 

(15), or (16). 

(2) An operator obtaining a vessel 

clearance required by paragraph (1) 

must obtain the clearance in person 

from the authorized clearance personnel 

and sign the IPHC form documenting 

that a clearance was obtained, except 

that when the clearance is obtained via 

VHF radio referred to in paragraphs (5), 

(8), and (9), the authorized clearance 

personnel must sign the IPHC form 

documenting that the clearance was 

obtained. 

(3) The vessel clearance required 

under paragraph (1) prior to fishing in 

Area 4A may be obtained only at Nazan 

Bay on Atka Island, Dutch Harbor or 

Akutan, Alaska, from an authorized 

officer of the United States, a 

representative of the Commission, or a 

designated fish processor. 

(4) The vessel clearance required 

under paragraph (1) prior to fishing in 

Area 4B may only be obtained at Nazan 

Bay on Atka Island or Adak, Alaska, 

from an authorized officer of the United 

States, a representative of the 

Commission, or a designated fish 

processor. 

(5) The vessel clearance required 

under paragraph (1) prior to fishing in 

Area 4C and 4D may be obtained only 

at St. Paul or St. George, Alaska, from 

an authorized officer of the United 

States, a representative of the 

Commission, or a designated fish 

processor by VHF radio and allowing 

the person contacted to confirm visually 

the identity of the vessel. 

(6) The vessel operator shall specify 

the specific regulatory area in which 

fishing will take place. 

(7) Before unloading any halibut 

caught in Area 4A, a vessel operator 

may obtain the clearance required under 

paragraph (1) only in Dutch Harbor or 

Akutan, Alaska, by contacting an 

authorized officer of the United States, 

a representative of the Commission, or 

a designated fish processor. 

(8) Before unloading any halibut 

caught in Area 4B, a vessel operator may 

obtain the clearance required under 

paragraph (1) only in Nazan Bay on 

Atka Island or Adak, by contacting an 

authorized officer of the United States, 

a representative of the Commission, or 

a designated fish processor by VHF 

radio or in person. 

(9) Before unloading any halibut 

caught in Area 4C and 4D, a vessel 

operator may obtain the clearance 

required under paragraph (1) only in St. 

Paul, St. George, Dutch Harbor, or 

Akutan, Alaska, either in person or by 

contacting an authorized officer of the 

United States, a representative of the 

Commission, or a designated fish 

processor. The clearances obtained in 

St. Paul or St. George, Alaska, can be 

obtained by VHF radio and allowing the 

person contacted to confirm visually the 

identity of the vessel. 

(10) Any vessel operator who 

complies with the requirements in 

section 18 for possessing halibut on 

board a vessel that was caught in more 

than one regulatory area in Area 4 is 

exempt from the clearance requirements 

of paragraph (1) of section 15, provided 

that: 

(a) The operator of the vessel obtains 

a vessel clearance prior to fishing in 

Area 4 in either Dutch Harbor, Akutan, 

St. Paul, St. George, Adak, or Nazan Bay 

on Atka Island by contacting an 

authorized officer of the United States, 

a representative of the Commission, or 

a designated fish processor. The 

clearance obtained in St. Paul, St. 

George, Adak, or Nazan Bay on Atka 

Island can be obtained by VHF radio 

and allowing the person contacted to 

confirm visually the identity of the 

vessel. This clearance will list the Areas 

in which the vessel will fish; and 

(b) Before unloading any halibut from 

Area 4, the vessel operator obtains a 

vessel clearance from Dutch Harbor, 

Akutan, St. Paul, St. George, Adak, or 

Nazan Bay on Atka Island by contacting 

an authorized officer of the United 

States, a representative of the 

Commission, or a designated fish 

processor. The clearance obtained in St. 

Paul or St. George can be obtained by 

VHF radio and allowing the person 

contacted to confirm visually the 

identity of the vessel. The clearance 

obtained in Adak or Nazan Bay on Atka 

Island can be obtained by VHF radio. 

(11) Vessel clearances shall be 

obtained between 0600 and 1800 hours, 

local time. 

(12) No halibut shall be on board the 

vessel at the time of the clearances 

required prior to fishing in Area 4. 

(13)Any vessel that is used to fish for 

halibut only in Area 4A and lands its 

total annual halibut catch at a port 

within Area 4A is exempt from the 

clearance requirements of paragraph (1). 

(14) Any vessel that is used to fish for 

halibut only in Area 4B and lands its 

total annual halibut catch at a port 

within Area 4B is exempt from the 

clearance requirements of paragraph (1). 

(15) Any vessel that is used to fish for 

halibut only in Areas 4C or 4D or 4E and 

lands its total annual halibut catch at a 


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5 DFO has more restrictive regulations; therefore, 

section 17(2)b does not apply to fish caught in Area 

2B or landed in British Columbia. 

6 DFO did not adopt this regulation; therefore, 

section 17 paragraph (3) does not apply to fish 

caught in Area 2B. 

port within Areas 4C, 4D, 4E, or the 

closed area defined in section 10, is 

exempt from the clearance requirements 

of paragraph (1). 

(16) Any vessel that carries a 

transmitting VMS transmitter while 

fishing for halibut in Area 4A, 4B, 4C, 

or 4D and until all halibut caught in any 

of these areas is landed is exempt from 

the clearance requirements of paragraph 

(1) of section 15, provided that: 

(a) The operator of the vessel 

complies with NMFS’ vessel monitoring 

system regulations published at 50 CFR 

679.28(f)(3), (4) and (5); and 

(b) The operator of the vessel notifies 

NOAA Fisheries Office for Law 

Enforcement at 800–304–4846 (select 

option 1 to speak to an Enforcement 

Data Clerk) between the hours of 0600 

and 0000 (midnight) local time within 

72 hours before fishing for halibut in 

Area 4A, 4B, 4C, or 4D and receives a 

VMS confirmation number. 

16. Logs 

(1) The operator of any U.S. vessel 

fishing for halibut that has an overall 

length of 26 feet (7.9 meters) or greater 

shall maintain an accurate log of halibut 

fishing operations. The operator of a 

vessel fishing in waters in and off 

Alaska must use one of the following 

logbooks: the Groundfish/IFQ Daily 

Fishing Longline and Pot Gear Logbook 

provided by NMFS; the Alaska hookand-line logbook provided by Petersburg 

Vessel Owners Association or Alaska 

Longline Fisherman’s Association; the 

Alaska Department of Fish and Game 

(ADF&G) longline-pot logbook; or the 

logbook provided by IPHC. The operator 

of a vessel fishing in Area 2A must use 

either the Washington Department of 

Fish and Wildlife (WDFW) Voluntary 

Sablefish Logbook, or the logbook 

provided by IPHC. 

(2) The logbook referred to in 

paragraph (1) must include the 

following information: 

(a) The name of the vessel and the 

state (ADF&G, WDFW, Oregon 

Department of Fish and Wildlife, or 

California Department of Fish and 

Game) vessel number; 

(b) The date(s) upon which the fishing 

gear is set or retrieved; 

(c) The latitude and longitude or loran 

coordinates or a direction and distance 

from a point of land for each set or day; 

(d) The number of skates deployed or 

retrieved, and number of skates lost; and 

(e) The total weight or number of 

halibut retained for each set or day. 

(3) The logbook referred to in 

paragraph (1) shall be 

(a) Maintained on board the vessel; 

(b) Updated not later than 24 hours 

after midnight local time for each day 

fished and prior to the offloading or sale 

of halibut taken during that fishing trip; 

(c) Retained for a period of two years 

by the owner or operator of the vessel; 

(d) Open to inspection by an 

authorized officer or any authorized 

representative of the Commission upon 

demand; and 

(e) Kept on board the vessel when 

engaged in halibut fishing, during 

transits to port of landing, and until the 

offloading of all halibut is completed. 

(4) The log referred to in paragraph (1) 

does not apply to the incidental halibut 

fishery during the salmon troll season in 

Area 2A defined in paragraph (4) of 

section 8. 

(5) The operator of any Canadian 

vessel fishing for halibut shall maintain 

an accurate log recorded in the British 

Columbia Integrated Groundfish Fishing 

Log provided by DFO. 

(6) The logbook referred to in 

paragraph (5) must include the 

following information: 

(a) The name of the vessel and the 

DFO vessel number; 

(b) The date(s) upon which the fishing 

gear is set or retrieved; 

(c) The latitude and longitude or loran 

coordinates or a direction and distance 

from a point of land for each set or day; 

(d) The number of skates deployed or 

retrieved, and number of skates lost; and 

(e) The total weight or number of 

halibut retained for each set or day. 

(7) The logbook referred to in 

paragraph (5) shall be 

(a) Maintained on board the vessel; 

(b) Retained for a period of two years 

by the owner or operator of the vessel; 

(c) Open to inspection by an 

authorized officer or any authorized 

representative of the Commission upon 

demand; 

(d) Kept on board the vessel when 

engaged in halibut fishing, during 

transits to port of landing, and until the 

offloading of all halibut is completed; 

(e) Mailed to the DFO (white copy) 

within seven days of offloading; and 

(f) Mailed to the Commission (yellow 

copy) within seven days of the final 

offload if not collected by a Commission 

employee. 

(8) No person shall make a false entry 

in a log referred to in section 16. 

17. Receipt and Possession of Halibut 

(1) No person shall receive halibut 

caught in Area 2A from a United States 

vessel that does not have on board the 

license required by section 4. 

(2) No person shall possess on board 

a vessel a halibut other than whole or 

with gills and entrails removed. Except 

that this paragraph shall not prohibit the 

possession on board a vessel: 

(a) Halibut cheeks cut from halibut 

caught by persons authorized to process 

the halibut on board in accordance with 

NMFS regulations published at 50 CFR 

part 679; 

(b) Fillets from halibut that have been 

offloaded in accordance with section 17 

may be possessed on board the 

harvesting vessel in the port of landing 

up to 1800 hours local time on the 

calendar day following the offload5; and 

(c) Halibut with their heads removed 

in accordance with section 13. 

(3) No person shall offload halibut 

from a vessel unless the gills and 

entrails have been removed prior to 

offloading6. 

(4) It shall be the responsibility of a 

vessel operator who lands halibut to 

continuously and completely offload at 

a single offload site all halibut on board 

the vessel. 

(5) A registered buyer (as that term is 

defined in regulations promulgated by 

NMFS and codified at 50 CFR part 679) 

who receives halibut harvested in IFQ 

and CDQ fisheries in Areas 2C, 3A, 3B, 

4A, 4B, 4C, 4D, and 4E, directly from 

the vessel operator that harvested such 

halibut must weigh all the halibut 

received and record the following 

information on federal catch reports: 

date of offload; name of vessel; vessel 

number; scale weight obtained at the 

time of offloading, including the scale 

weight (in pounds) of halibut purchased 

by the registered buyer, the scale weight 

(in pounds) of halibut offloaded in 

excess of the IFQ or CDQ, the scale 

weight of halibut (in pounds) retained 

for personal use or for future sale, and 

the scale weight (in pounds) of halibut 

discarded as unfit for human 

consumption. 

(6) The first recipient, commercial 

fish processor, or buyer in the United 

States who purchases or receives halibut 

directly from the vessel operator that 

harvested such halibut must weigh and 

record all halibut received and record 

the following information on state fish 

tickets: the date of offload; vessel 

number; total weight obtained at the 

time of offload including the weight (in 

pounds) of halibut purchased; the 

weight (in pounds) of halibut offloaded 

in excess of the IFQ, CDQ, or fishing 

period limits; the weight of halibut (in 

pounds) retained for personal use or for 

future sale; and the weight (in pounds) 

of halibut discarded as unfit for human 

consumption. 

(7) The individual completing the 

state fish tickets for the Area 2A 

fisheries as referred to in paragraph (6) 


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7Without an observer, a vessel cannot have on 

board more halibut than the IFQ for the area that 

is being fished, even if some of the catch occurred 

earlier in a different area. 

must additionally record whether the 

halibut weight is of head-on or head-off 

fish. 

(8) For halibut landings made in 

Alaska, the requirements as listed in 

paragraph (5) and (6) can be met by 

recording the information in the 

Interagency Electronic Reporting 

Systems, eLandings. 

(9) The master or operator of a 

Canadian vessel that was engaged in 

halibut fishing must weigh and record 

all halibut on board said vessel at the 

time offloading commences and record 

on Provincial fish tickets or Federal 

catch reports the date; locality; name of 

vessel; the name(s) of the person(s) from 

whom the halibut was purchased; and 

the scale weight obtained at the time of 

offloading of all halibut on board the 

vessel including the pounds purchased, 

pounds in excess of IVQs, pounds 

retained for personal use, and pounds 

discarded as unfit for human 

consumption. 

(10) No person shall make a false 

entry on a State or Provincial fish ticket 

or a Federal catch or landing report 

referred to in paragraphs (5), (6), and (9) 

of section 17. 

(11) A copy of the fish tickets or catch 

reports referred to in paragraphs (5), (6), 

and (9) shall be 

(a) Retained by the person making 

them for a period of three years from the 

date the fish tickets or catch reports are 

made; and 

(b) Open to inspection by an 

authorized officer or any authorized 

representative of the Commission. 

(12) No person shall possess any 

halibut taken or retained in 

contravention of these Regulations. 

(13) When halibut are landed to other 

than a commercial fish processor, the 

records required by paragraph (6) shall 

be maintained by the operator of the 

vessel from which that halibut was 

caught, in compliance with paragraph 

(9). 

(14) It shall be unlawful to enter an 

IPHC license number on a State fish 

ticket for any vessel other than the 

vessel actually used in catching the 

halibut reported thereon. 

(15) No person shall tag halibut unless 

the tagging is authorized by IPHC permit 

or by a Federal or State agency. 

18. Fishing Multiple Regulatory Areas 

(1) Except as provided in section 18, 

no person shall possess at the same time 

on board a vessel halibut caught in more 

than one regulatory area. 

(2) Halibut caught in more than one 

of the Regulatory Areas 2C, 3A, or 3B 

may be possessed on board a vessel at 

the same time providing the operator of 

the vessel: 

(a) Has a NMFS-certified observer on 

board when required by NMFS 

regulations7 published at 50 CFR 

679.7(f)(4); and 

(b) Can identify the regulatory area in 

which each halibut on board was caught 

by separating halibut from different 

areas in the hold, tagging halibut, or by 

other means. 

(3) Halibut caught in more than one 

of the Regulatory Areas 4A, 4B, 4C, or 

4D may be possessed on board a vessel 

at the same time providing the operator 

of the vessel: 

(a) Has a NMFS-certified observer on 

board the vessel as required by NMFS 

regulations7 published at 50 CFR 

679.7(f)(4), or has an operational Vessel 

Monitoring System (VMS) on board 

actively transmitting in all regulatory 

areas fished; and 

(b) Does not possess at any time on 

board the vessel more halibut than the 

IFQ available for harvest to all permit 

holders on board the vessel in the area 

which the vessel is fishing, even if some 

of the catch occurred earlier in a 

different area; and 

(c) Can identify the regulatory area in 

which each halibut on board was caught 

by separating halibut from different 

areas in the hold, tagging halibut, or by 

other means. 

(4) If halibut from Area 4 are on board 

the vessel, the vessel can have halibut 

caught in Regulatory Areas 2C, 3A, and 

3B on board if in compliance with 

paragraph (2). 

19. Fishing Gear 

(1) No person shall fish for halibut 

using any gear other than hook and line 

gear, except that vessels licensed to 

catch sablefish in Area 2B using 

sablefish trap gear as defined in the 

Condition of Sablefish Licence can 

retain halibut caught as bycatch under 

regulations promulgated by the 

Canadian Department of Fisheries and 

Oceans. 

(2) No person shall possess halibut 

taken with any gear other than hook and 

line gear, except that vessels licensed to 

catch sablefish in Area 2B using 

sablefish trap gear as defined by the 

Condition of Sablefish Licence can 

retain halibut caught as bycatch under 

regulations promulgated by the 

Canadian Department of Fisheries and 

Oceans. 

(3) No person shall possess halibut 

while on board a vessel carrying any 

trawl nets or fishing pots capable of 

catching halibut, except that in Areas 

2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E, 

halibut heads, skin, entrails, bones or 

fins for use as bait may be possessed on 

board a vessel carrying pots capable of 

catching halibut, provided that a receipt 

documenting purchase or transfer of 

these halibut parts is on board the 

vessel. 

(4) All setline or skate marker buoys 

carried on board or used by any United 

States vessel used for halibut fishing 

shall be marked with one of the 

following: 

(a) The vessel’s state license number; 

or 

(b) The vessel’s registration number. 

(5) The markings specified in 

paragraph (4) shall be in characters at 

least four inches in height and one-half 

inch in width in a contrasting color 

visible above the water and shall be 

maintained in legible condition. 

(6) All setline or skate marker buoys 

carried on board or used by a Canadian 

vessel used for halibut fishing shall be 

(a) Floating and visible on the surface 

of the water; and 

(b) Legibly marked with the 

identification plate number of the vessel 

engaged in commercial fishing from 

which that setline is being operated. 

(7) No person on board a vessel from 

which setline gear was used to fish for 

any species of fish anywhere in Area 2A 

during the 72-hour period immediately 

before the opening of a halibut fishing 

period shall catch or possess halibut 

anywhere in those waters during that 

halibut fishing period. 

(8) No vessel from which setline gear 

was used to fish for any species of fish 

anywhere in Area 2A during the 72- 

hour period immediately before the 

opening of a halibut fishing period may 

be used to catch or possess halibut 

anywhere in those waters during that 

halibut fishing period. 

(9) No person on board a vessel from 

which setline gear was used to fish for 

any species of fish anywhere in Areas 

2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E 

during the 72-hour period immediately 

before the opening of the halibut fishing 

season shall catch or possess halibut 

anywhere in those areas until the vessel 

has removed all of its setline gear from 

the water and has either 

(a) Made a landing and completely 

offloaded its entire catch of other fish; 

or 

(b) Submitted to a hold inspection by 

an authorized officer. 

(10) No vessel from which setline gear 

was used to fish for any species of fish 

anywhere in Areas 2B, 2C, 3A, 3B, 4A, 

4B, 4C, 4D, or 4E during the 72-hour 

period immediately before the opening 

of the halibut fishing season may be 

used to catch or possess halibut 


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anywhere in those areas until the vessel 

has removed all of its setline gear from 

the water and has either 

(a) Made a landing and completely 

offloaded its entire catch of other fish; 

or 

(b) Submitted to a hold inspection by 

an authorized officer. 

(11) Notwithstanding any other 

provision in these regulations, a person 

may retain, possess and dispose of 

halibut taken with trawl gear only as 

authorized by Prohibited Species 

Donation regulations of NMFS. 

20. Supervision of Unloading and 

Weighing 

The unloading and weighing of 

halibut may be subject to the 

supervision of authorized officers to 

assure the fulfillment of the provisions 

of these Regulations. 

21. Retention of Tagged Halibut 

(1) Nothing contained in these 

Regulations prohibits any vessel at any 

time from retaining and landing a 

halibut that bears a Commission 

external tag at the time of capture, if the 

halibut with the tag still attached is 

reported at the time of landing and 

made available for examination by a 

representative of the Commission or by 

an authorized officer. 

(2) After examination and removal of 

the tag by a representative of the 

Commission or an authorized officer, 

the halibut 

(a) May be retained for personal use; 

or 

(b) May be sold only if the halibut is 

caught during commercial halibut 

fishing and complies with the other 

commercial fishing provisions of these 

regulations. 

(3) Externally tagged fish must count 

against commercial IVQs, CDQs, IFQs, 

or daily bag or possession limits unless 

otherwise exempted by state, provincial, 

or federal regulations. 

22. Fishing by United States Treaty 

Indian Tribes 

(1) Halibut fishing in Subarea 2A–1 by 

members of United States treaty Indian 

tribes located in the State of Washington 

shall be regulated under regulations 

promulgated by NMFS and published in 

the Federal Register. 

(2) Subarea 2A–1 includes all waters 

off the coast of Washington that are 

north of 46°53′18′′ N. latitude and east 

of 125°44′00′′ W. longitude, and all 

inland marine waters of Washington. 

(3) Section 13 (size limits), section 14 

(careful release of halibut), section 16 

(logs), section 17 (receipt and 

possession of halibut) and section 19 

(fishing gear), except paragraphs (7) and 

(8) of section 19, apply to commercial 

fishing for halibut in Subarea 2A–1 by 

the treaty Indian tribes. 

(4) Commercial fishing for halibut in 

Subarea 2A–1 is permitted with hook 

and line gear from March 8 through 

November 15, or until 397,000 pounds 

(180.0 metric tons) net weight is taken, 

whichever occurs first. 

(5) Ceremonial and subsistence 

fishing for halibut in Subarea 2A–1 is 

permitted with hook and line gear from 

January 1 through December 31, and is 

estimated to take 30,000 pounds (13.6 

metric tons) net weight. 

23. Customary and Traditional Fishing 

in Alaska 

(1) Customary and traditional fishing 

for halibut in Regulatory Areas 2C, 3A, 

3B, 4A, 4B, 4C, 4D, and 4E shall be 

governed pursuant to regulations 

promulgated by NMFS and published in 

50 CFR part 300. 

(2) Customary and traditional fishing 

is authorized from January 1 through 

December 31. 

24. Aboriginal Groups Fishing for Food, 

Social and Ceremonial Purposes in 

British Columbia 

(1) Fishing for halibut for food, social 

and ceremonial purposes by Aboriginal 

groups in Regulatory Area 2B shall be 

governed by the Fisheries Act of Canada 

and regulations as amended from time 

to time. 

25. Sport Fishing for Halibut- General 

(1) No person shall engage in sport 

fishing for halibut using gear other than 

a single line with no more than two 

hooks attached; or a spear. 

(2) Any minimum overall size limit 

promulgated under IPHC or NMFS 

regulations shall be measured in a 

straight line passing over the pectoral 

fin from the tip of the lower jaw with 

the mouth closed, to the extreme end of 

the middle of the tail. 

(3) Any halibut brought aboard a 

vessel and not immediately returned to 

the sea with a minimum of injury will 

be included in the daily bag limit of the 

person catching the halibut. 

(4) No person may possess halibut on 

a vessel while fishing in a closed area. 

(5) No halibut caught by sport fishing 

shall be offered for sale, sold, traded, or 

bartered. 

(6) No halibut caught in sport fishing 

shall be possessed onboard a vessel 

when other fish or shellfish aboard said 

vessel are destined for commercial use, 

sale, trade, or barter. 

(7) The operator of a charter vessel 

shall be liable for any violations of these 

regulations committed by a passenger 

aboard said vessel. 

26. Sport Fishing for Halibut-Area 2A 

(1) The total allowable catch of 

halibut shall be limited to: 

(a) 220,238 pounds (99.9 metric tons) 

net weight in waters off Washington; 

and 

(b) 251,381 pounds (114.0 metric 

tons) net weight in waters off California 

and Oregon. 

(2) The Commission shall determine 

and announce closing dates to the 

public for any area in which the catch 

limits promulgated by NMFS are 

estimated to have been taken. 

(3) When the Commission has 

determined that a subquota under 

paragraph (8) of section 26 is estimated 

to have been taken, and has announced 

a date on which the season will close, 

no person shall sport fish for halibut in 

that area after that date for the rest of the 

year, unless a reopening of that area for 

sport halibut fishing is scheduled in 

accordance with the Catch Sharing Plan 

for Area 2A, or announced by the 

Commission. 

(4) In California, Oregon, or 

Washington, no person shall fillet, 

mutilate, or otherwise disfigure a 

halibut in any manner that prevents the 

determination of minimum size or the 

number of fish caught, possessed, or 

landed. 

(5) The possession limit on a vessel 

for halibut in the waters off the coast of 

Washington is the same as the daily bag 

limit. The possession limit on land in 

Washington for halibut caught in U.S. 

waters off the coast of Washington is 

two halibut. 

(6) The possession limit on a vessel 

for halibut caught in the waters off the 

coast of Oregon is the same as the daily 

bag limit. The possession limit for 

halibut on land in Oregon is three daily 

bag limits. 

(7) The possession limit on a vessel 

for halibut caught in the waters off the 

coast of California is one halibut. The 

possession limit for halibut on land in 

California is one halibut. 

(8) The sport fishing subareas, 

subquotas, fishing dates, and daily bag 

limits are as follows, except as modified 

under the in-season actions in 50 CFR 

300.63(c). All sport fishing in Area 2A 

is managed on a ‘‘port of landing’’ basis, 

whereby any halibut landed into a port 

counts toward the quota for the area in 

which that port is located, and the 

regulations governing the area of 

landing apply, regardless of the specific 

area of catch. 

(a) The area in Puget Sound and the 

U.S. waters in the Strait of Juan de Fuca, 

east of a line extending from 48°17.30′ 

N. lat., 124°23.70′ W. long. north to 

48°24.10′ N. lat., 124°23.70′ W. long., is 


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not managed in-season relative to its 

quota. This area is managed by setting 

a season that is projected to result in a 

catch of 59,354 lb (26.9 mt). 

(i) The fishing season in eastern Puget 

Sound (east of 123°49.50′ W. long., Low 

Point) is April 10 through June 13 and 

the fishing season in western Puget 

Sound (west of 123°49.50′ W. long., Low 

Point) is May 22 through July 21, 5 days 

a week (Thursday through Monday). 

(ii) The daily bag limit is one halibut 

of any size per day per person. 

(b) The quota for landings into ports 

in the area off the north Washington 

coast, west of the line described in 

paragraph (2)(a) of section 26 and north 

of the Queets River (47°31.70′ N. lat.), is 

109,991 lb (49.9 mt). 

(i) The fishing seasons are: 

(A) Commencing on May 13 and 

continuing 3 days a week (Tuesday, 

Thursday, and Saturday) until 79,194 lb 

(35.9 mt) are estimated to have been 

taken and the season is closed by the 

Commission. 

(B) On June 17 and 19, the fishery will 

open only in the nearshore areas 

defined at the end of this paragraph. If 

there is sufficient quota, the fishery will 

open for one day on June 21 in the 

entire north coast subarea. If sufficient 

quota remains, the fishery would 

reopen, as a first priority, in the entire 

north coast subarea for one day 

following June 24. If there is insufficient 

quota remaining to reopen the entire 

north coast subarea for another day, 

then the nearshore areas described 

below would reopen following June 24, 

up to four days per week (ThursdaySunday), until the overall quota of 

109,991 lb (49.9 mt) are estimated to 

have been taken and the area is closed 

by the Commission, or until September 

30, whichever is earlier. After June 19, 

any fishery opening will be announced 

on the NMFS hotline at 800–662–9825. 

No halibut fishing will be allowed after 

June 19 unless the date is announced on 

the NMFS hotline. The nearshore areas 

for Washington’s North Coast fishery are 

defined as follows: 

(1) WDFW Marine Catch Area 4B, 

which is all waters west of the Sekiu 

River mouth, as defined by a line 

extending from 48°17.30′ N. lat., 

124°23.70′ W. long. north to 48°24.10′ 

N. lat., 124°23.70′ W. long., to the 

Bonilla-Tatoosh line, as defined by a 

line connecting the light on Tatoosh 

Island, WA, with the light on Bonilla 

Point on Vancouver Island, British 

Columbia (at 48°35.73′ N. lat., 

124°43.00′ W. long.) south of the 

International Boundary between the 

U.S. and Canada (at 48°29.62′ N. lat., 

124°43.55′ W. long.), and north of the 

point where that line intersects with the 

boundary of the U.S. territorial sea. 

(2) Shoreward of the recreational 

halibut 30–fm boundary line, a modified 

line approximating the 30–fm depth 

contour from the Bonilla-Tatoosh line 

south to the Queets River. The 

recreational halibut 30–fm boundary 

line is defined by the following 

coordinates in the order listed: 

(1) 48°24.79′ N. lat., 124°44.07′ W. 

long.; 

(2) 48°24.80′ N. lat., 124°44.74′ W. 

long.; 

(3) 48°23.94′ N. lat., 124°44.70′ W. 

long.; 

(4) 48°23.51′ N. lat., 124°45.01′ W. 

long.; 

(5) 48°22.59′ N. lat., 124°44.97′ W. 

long.; 

(6) 48°21.75′ N. lat., 124°45.26′ W. 

long.; 

(7) 48°21.23′ N. lat., 124°47.78′ W. 

long.; 

(8) 48°20.32′ N. lat., 124°49.53′ W. 

long.; 

(9) 48°16.72′ N. lat., 124°51.58′ W. 

long.; 

(10) 48°10.00′ N. lat., 124°52.58′ W. 

long.; 

(11) 48°05.63′ N. lat., 124°52.91′ W. 

long.; 

(12) 47°56.25′ N. lat., 124°52.57′ W. 

long.; 

(13) 47°40.28′ N. lat., 124°40.07′ W. 

long.; and 

(14) 47°31.70′ N. lat., 124°37.03′ W. 

long. 

(ii) The daily bag limit is one halibut 

of any size per day per person. 

(iii) Recreational fishing for 

groundfish and halibut is prohibited 

within the North Coast Recreational 

Yelloweye Rockfish Conservation Area 

(YRCA). It is unlawful for recreational 

fishing vessels to take and retain, 

possess, or land halibut taken with 

recreational gear within the North Coast 

Recreational YRCA. A vessel fishing in 

the North Coast Recreational YRCA may 

not be in possession of any halibut. 

Recreational vessels may transit through 

the North Coast Recreational YRCA with 

or without halibut on board. The North 

Coast Recreational YRCA is a C-shaped 

area off the northern Washington coast 

intended to protect yelloweye rockfish. 

The North Coast Recreational YRCA is 

defined by straight lines connecting the 

following specific latitude and 

longitude coordinates in the order 

listed: 

(1) 48°18.00′ N. lat.; 125°18.00′ W. 

long.; 

(2) 48°18.00′ N. lat.; 124°59.00′ W. 

long.; 

(3) 48°11.00′ N. lat.; 124°59.00′ W. 

long.; 

(4) 48°11.00′ N. lat.; 125°11.00′ W. 

long.; 

(5) 48°04.00′ N. lat.; 125°11.00′ W. 

long.; 

(6) 48°04.00′ N. lat.; 124°59.00′ W. 

long.; 

(7) 48°00.00′ N. lat.; 124°59.00′ W. 

long.; 

(8) 48°00.00′ N. lat.; 125°18.00′ W. 

long.; 

and connecting back to 48°18.00′ N. 

lat.; 125°18.00′ W. long. 

(c) The quota for landings into ports 

in the area between the Queets River, 

WA (47°31.70′ N. lat.) and Leadbetter 

Point, WA (46°38.17′ N. lat.), is 44,700 

lb (20.3 mt). 

(i) The fishing season commences on 

May 1 and continues 2 days a week 

(Sunday and Tuesday) in all waters (the 

primary fishery), except that in the area 

from 47°25.00′ N. lat. south to 46°58.00′ 

N. lat. and east of 124°30.00′ W. long. 

(the Washington South coast, northern 

nearshore area), the fishing season 

commences on May 1 and continues 4 

days a week (Friday, Saturday, Sunday, 

and Tuesday). The south coast subarea 

quota will be allocated as follows: 

40,230 lb (18.2 mt), 90 percent, for the 

primary fishery, and 4,470 lb (2.0 mt), 

10 percent, for the northern nearshore 

fishery, once the primary fishery has 

closed. The primary fishery will 

continue from May 1 until 40,230 lb 

(18.2 mt) is estimated to have been 

taken and the season is closed by the 

Commission, or until September 30, 

whichever is earlier. Subsequent to this 

closure, if there is insufficient quota 

remaining to reopen the primary fishery 

for another fishing day, then any 

remaining quota may be used to 

accommodate incidental catch in the 

northern nearshore area from 47°25.00′ 

N. lat. south to 46°58.00′ N. lat. and east 

of 124°30.00′ W. long. on Fridays and 

Saturdays, until 44,700 lb (20.3 mt) is 

projected to be taken and the fishery is 

closed by the Commission. If the fishery 

is closed prior to September 30, and 

there is insufficient quota remaining to 

reopen the northern nearshore area for 

another fishing day, then any remaining 

quota may be transferred in-season to 

another Washington coastal subarea by 

NMFS via an update to the recreational 

halibut hotline. 

(ii) The daily bag limit is one halibut 

of any size per day per person. 

(iii) Recreational fishing for 

groundfish and halibut is prohibited 

within the South Coast Recreational 

YRCA. It is unlawful for recreational 

fishing vessels to take and retain, 

possess, or land halibut taken with 

recreational gear within the South Coast 

Recreational YRCA. A vessel fishing in 

the South Coast Recreational YRCA may 

not be in possession of any halibut. 

Recreational vessels may transit through 


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the South Coast Recreational YRCA 

with or without halibut on board. The 

South Coast Recreational YRCA is an 

area off the southern Washington coast 

intended to protect yelloweye rockfish. 

The South Coast Recreational YRCA is 

defined by straight lines connecting the 

following specific latitude and 

longitude coordinates in the order 

listed: 

(1) 46°58.00′ N. lat., 124°48.00′ W. 

long.; 

(2) 46°55.00′ N. lat., 124°48.00′ W. 

long.; 

(3) 46°55.00′ N. lat., 124°49.00′ W. 

long.; 

(4) 46°58.00′ N. lat., 124°49.00′ W. 

long.; 

and connecting back to 46°58.00′ N. 

lat., 124°48.00′ W. long. 

(d) The quota for landings into ports 

in the area between Leadbetter Point, 

WA (46°38.17′ N. lat.) and Cape Falcon, 

OR (45°46.00′ N. lat.), is 18,762 lb (8.5 

mt). 

(i) The fishing season commences on 

May 1, and continues 7 days a week 

until 13,133 lb (6.0 mt) are estimated to 

have been taken and the season is 

closed by the Commission or until July 

20, whichever is earlier. The fishery will 

reopen on August 1 and continue 3 days 

a week (Friday through Sunday) until 

18,762 lb (8.5 mt) have been taken and 

the season is closed by the Commission, 

or until September 30, whichever is 

earlier. Subsequent to this closure, if 

there is insufficient quota remaining in 

the Columbia River subarea for another 

fishing day, then any remaining quota 

may be transferred in-season to another 

Washington and/or Oregon subarea by 

NMFS via an update to the recreational 

halibut hotline. Any remaining quota 

would be transferred to each state in 

proportion to its contribution. 

(ii) The daily bag limit is one halibut 

of any size per day per person. 

(iii) Pacific Coast groundfish may not 

be taken and retained, possessed or 

landed, except sablefish and Pacific cod 

when allowed by Pacific Coast 

groundfish regulations, if halibut are on 

board the vessel. 

(e) The quota for landings into ports 

in the area off Oregon between Cape 

Falcon (45°46.00′ N. lat.) and Humbug 

Mountain (42°40.50′ N. lat.), is 231,271 

lb (104.9 mt). 

(i) The fishing seasons are: 

(A) The first season (the ‘‘inside 40–

fm’’ fishery) commences May 1 and 

continues 7 days a week through 

October 31, in the area shoreward of a 

boundary line approximating the 40–fm 

(73–m) depth contour, or until the subquota for the central Oregon ‘‘inside 40–

fm’’ fishery (18,502 lb (8.4 mt)) or any 

in-season revised subquota is estimated 

to have been taken and the season is 

closed by the Commission, whichever is 

earlier. The boundary line 

approximating the 40–fm (73–m) depth 

contour between 45°46.00′ N. lat. and 

42°40.50′ N. lat. is defined by straight 

lines connecting all of the following 

points in the order stated: 

(1) 45°46.00′ N. lat., 124°04.49′ W. 

long.; 

(2) 45°44.34′ N. lat., 124°05.09′ W. 

long.; 

(3) 45°40.64′ N. lat., 124°04.90′ W. 

long.; 

(4) 45°33.00′ N. lat., 124°04.46′ W. 

long.; 

(5) 45°32.27′ N. lat., 124°04.74′ W. 

long.; 

(6) 45°29.26′ N. lat., 124°04.22′ W. 

long.; 

(7) 45°20.25′ N. lat., 124°04.67′ W. 

long.; 

(8) 45°19.99′ N. lat., 124°04.62′ W. 

long.; 

(9) 45°17.50′ N. lat., 124°04.91′ W. 

long.; 

(10) 45°11.29′ N. lat., 124°05.19′ W. 

long.; 

(11) 45°05.79′ N. lat., 124°05.40′ W. 

long.; 

(12) 45°05.07′ N. lat., 124°05.93′ W. 

long.; 

(13) 45°03.83′ N. lat., 124°06.47′ W. 

long.; 

(14) 45°01.70′ N. lat., 124°06.53′ W. 

long.; 

(15) 44°58.75′ N. lat., 124°07.14′ W. 

long.; 

(16) 44°51.28′ N. lat., 124°10.21′ W. 

long.; 

(17) 44°49.49′ N. lat., 124°10.89′ W. 

long.; 

(18) 44°44.96′ N. lat., 124°14.39′ W. 

long.; 

(19) 44°43.44′ N. lat., 124°14.78′ W. 

long.; 

(20) 44°42.27′ N. lat., 124°13.81′ W. 

long.; 

(21) 44°41.68′ N. lat., 124°15.38′ W. 

long.; 

(22) 44°34.87′ N. lat., 124°15.80′ W. 

long.; 

(23) 44°33.74′ N. lat., 124°14.43′ W. 

long.; 

(24) 44°27.66′ N. lat., 124°16.99′ W. 

long.; 

(25) 44°19.13′ N. lat., 124°19.22′ W. 

long.; 

(26) 44°15.35′ N. lat., 124°17.37′ W. 

long.; 

(27) 44°14.38′ N. lat., 124°17.78′ W. 

long.; 

(28) 44°12.80′ N. lat., 124°17.18′ W. 

long.; 

(29) 44°09.23′ N. lat., 124°15.96′ W. 

long.; 

(30) 44°08.38′ N. lat., 124°16.80′ W. 

long.; 

(31) 44°08.30′ N. lat., 124°16.75′ W. 

long.; 

(32) 44°01.18′ N. lat., 124°15.42′ W. 

long.; 

(33) 43°51.60′ N. lat., 124°14.68′ W. 

long.; 

(34) 43°42.66′ N. lat., 124°15.46′ W. 

long.; 

(35) 43°40.49′ N. lat., 124°15.74′ W. 

long.; 

(36) 43°38.77′ N. lat., 124°15.64′ W. 

long.; 

(37) 43°34.52′ N. lat., 124°16.73′ W. 

long.; 

(38) 43°28.82′ N. lat., 124°19.52′ W. 

long.; 

(39) 43°23.91′ N. lat., 124°24.28′ W. 

long.; 

(40) 43°20.83′ N. lat., 124°26.63′ W. 

long.; 

(41) 43°17.96′ N. lat., 124°28.81′ W. 

long.; 

(42) 43°16.75′ N. lat., 124°28.42′ W. 

long.; 

(43) 43°13.98′ N. lat., 124°31.99′ W. 

long.; 

(44) 43°13.71′ N. lat., 124°33.25′ W. 

long.; 

(45) 43°12.26′ N. lat., 124°34.16′ W. 

long.; 

(46) 43°10.96′ N. lat., 124°32.34′ W. 

long.; 

(47) 43°05.65′ N. lat., 124°31.52′ W. 

long.; 

(48) 42°59.66′ N. lat., 124°32.58′ W. 

long.; 

(49) 42°54.97′ N. lat., 124°36.99′ W. 

long.; 

(50) 42°53.81′ N. lat., 124°38.58′ W. 

long.; 

(51) 42°50.00′ N. lat., 124°39.68′ W. 

long.; 

(52) 42°49.14′ N. lat., 124°39.92′ W. 

long.; 

(53) 42°46.47′ N. lat., 124°38.65′ W. 

long.; 

(54) 42°45.60′ N. lat., 124°39.04′ W. 

long.; 

(55) 42°44.79′ N. lat., 124°37.96′ W. 

long.; 

(56) 42°45.00′ N. lat., 124°36.39′ W. 

long.; 

(57) 42°44.14′ N. lat., 124°35.16′ W. 

long.; 

(58) 42°42.15′ N. lat., 124°32.82′ W. 

long.; and 

(59) 42°40.50′ N. lat., 124°31.98′ W. 

long.; 

(B) The second season (spring season), 

which is for the ‘‘all-depth’’ fishery, is 

open on May 8, 9, 10, 15, 16, 17, 22, 23, 

24, 29, 30, 31, and June 12, 13, 14. The 

projected catch for this season is 

159,577 lb (72.4 mt). If sufficient 

unharvested catch remains for 

additional fishing days, the season will 

re-open. Dependent on the amount of 

unharvested catch available, the 

potential season re-opening dates will 

be: June 26, 27, 28, and July 10, 11, 12, 

24, 25, 26. If NMFS decides in-season to 


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8 DFO could implement more restrictive 

regulations for the sport fishery, therefore anglers 

are advised to check the current federal or 

provincial regulations prior to fishing. 

9NMFS has implemented more restrictive 

regulations for the charter vessel fishery and 

participants in this fishery are advised to check the 

current federal or state regulations prior to fishing. 

10Modifications to the daily bag limit for the Area 

2C charter vessel fishery are set forth at 50 CFR 

300.65. 

allow fishing on any of these re-opening 

dates, notice of the re-opening will be 

announced on the NMFS hotline (206) 

526–6667 or (800) 662–9825. No halibut 

fishing will be allowed on the reopening dates unless the date is 

announced on the NMFS hotline. 

(C) If sufficient unharvested catch 

remains, the third season (summer 

season), which is for the ‘‘all-depth’’

fishery, will be open on August 1, 2, 3, 

15, 16, 17, 29, 30, 31, and September 12, 

13, 14, 26, 27, 28, and October 10, 11, 

12, 24, 25, 26, or until the combined 

spring season and summer season 

quotas in the area between Cape Falcon 

and Humbug Mountain, OR, totaling 

212,769 lb (96.5 mt), are estimated to 

have been taken and the area is closed 

by the Commission, or October 31, 

whichever is earlier. NMFS will 

announce on the NMFS hotline in July 

whether the fishery will re-open for the 

summer season in August. No halibut 

fishing will be allowed in the summer 

season fishery unless the dates are 

announced on the NMFS hotline. 

Additional fishing days may be opened 

if a certain amount of quota remains 

after August 3 and August 31. If after 

August 3, greater than or equal to 60,000 

lb (27.2 mt) remains in the combined 

all-depth and inside 40–fm (73–m) 

quota, the fishery may re-open every 

Friday through Sunday, beginning 

August 8 - 10, and ending October 31. 

If after August 31, greater than or equal 

to 30,000 lb (13.6 mt) remains in the 

combined all-depth and inside 40–fm 

(73–m) quota, and the fishery is not 

already open every Friday through 

Sunday, the fishery may re-open every 

Friday through Sunday, beginning 

September 5 - 7, and ending October 31. 

After August 31, the bag limit may be 

increased to two fish of any size per 

person, per day. NMFS will announce 

on the NMFS hotline whether the 

summer all-depth fishery will be open 

on such additional fishing days, what 

days the fishery will be open and what 

the bag limit is. 

(ii) The daily bag limit is one halibut 

of any size per day per person, unless 

otherwise specified. NMFS will 

announce on the NMFS hotline any bag 

limit changes. 

(iii) During days open to all-depth 

halibut fishing, no Pacific Coast 

groundfish may be taken and retained, 

possessed or landed, except sablefish 

when allowed by Pacific Coast 

groundfish regulations, if halibut are on 

board the vessel. 

(iv) When the all-depth halibut 

fishery is closed and halibut fishing is 

permitted only shoreward of a boundary 

line approximating the 40–fm (73–m) 

depth contour, halibut possession and 

retention by vessels operating seaward 

of a boundary line approximating the 

40–fm (73–m) depth contour is 

prohibited. 

(v) Recreational fishing for groundfish 

and halibut is prohibited within the 

Stonewall Bank YRCA. It is unlawful for 

recreational fishing vessels to take and 

retain, possess, or land halibut taken 

with recreational gear within the 

Stonewall Bank YRCA. A vessel fishing 

in the Stonewall Bank YRCA may not be 

in possession of any halibut. 

Recreational vessels may transit through 

the Stonewall Bank YRCA with or 

without halibut on board. The 

Stonewall Bank YRCA is an area off 

central Oregon, near Stonewall Bank, 

intended to protect yelloweye rockfish. 

The Stonewall Bank YRCA is defined by 

straight lines connecting the following 

specific latitude and longitude 

coordinates in the order listed: 

(1) 44°37.46 N. lat.; 124°24.92 W. 

long.; 

(2) 44°37.46 N. lat.; 124°23.63 W. 

long.; 

(3) 44°28.71 N. lat.; 124°21.80 W. 

long.; 

(4) 44°28.71 N. lat.; 124°24.10 W. 

long.; 

(5) 44°31.42 N. lat.; 124°25.47 W. 

long.; 

and connecting back to 44°37.46 N. 

lat.; 124°24.92 W. long. 

(f) The area south of Humbug 

Mountain, Oregon (42°40.50′ N. lat.) and 

off the California coast is not managed 

in-season relative to its quota. This area 

is managed on a season that is projected 

to result in a catch of 7,541 lb (3.4 mt). 

(i) The fishing season will commence 

on May 1 and continue 7 days a week 

until October 31. 

(ii) The daily bag limit is one halibut 

of any size per day per person. 

27. Sport Fishing for Halibut-Area 2B 

(1) In all waters off British Columbia8

(a) The sport fishing season is from 

February 1 to December 31; 

(b) The daily bag limit is two halibut 

of any size per day per person. 

(2) In British Columbia, no person 

shall fillet, mutilate, or otherwise 

disfigure a halibut in any manner that 

prevents the determination of minimum 

size or the number of fish caught, 

possessed, or landed. 

(3) The possession limit for halibut in 

the waters off the coast of British 

Columbia is three halibut. 

28. Sport Fishing for Halibut-Areas 2C, 

3A, 3B, 4A, 4B, 4C, 4D, 4E 

(1) In waters in and off Alaska9

(a) The sport fishing season is from 

February 1 to December 31; 

(b) The daily bag limit is two halibut 

of any size per day per person10. 

(2) In Convention waters off the coast 

of Alaska, no person shall possess on 

board a fishing vessel, including charter 

vessels and pleasure craft used for 

fishing, halibut that has been filleted, 

mutilated, or otherwise disfigured in 

any manner except that each halibut 

may be cut into no more than 2 ventral, 

2 dorsal pieces, and 2 cheeks with skin 

on. 

(3) In waters in and off Alaska, no 

person may possess more than two daily 

bag limits. 

29. Previous Regulations Superseded 

These regulations shall supersede all 

previous regulations of the Commission, 

and these regulations shall be effective 

each succeeding year until superseded. 

BILLING CODE 3510–22–S 


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BILLING CODE 3510–22–C 


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Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations 12295 

Classification 

IPHC Regulations 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866. 

The notice-and-comment and delayin-effectiveness date requirements of the 

Administrative Procedure Act (APA), 5 

U.S.C. 553, are inapplicable to this 

notice of the effectiveness and content 

of the IPHC regulations because this 

regulation involves a foreign affairs 

function of the United States, 5 U.S.C. 

553(a)(1). Furthermore, no other law 

requires prior notice and public 

comment for this rule. Because prior 

notice and an opportunity for public 

comment are not required to be 

provided for these portions of this rule 

by 5 U.S.C. 553, or any other law, the 

analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., are not applicable. 

Catch Sharing Plan and 2008 

Recreational Management Measures for 

Area 2A 

As explained above in the preamble, 

the recreational management measures 

for Area 2A are promulgated through a 

different process than the process for 

the IPHC regulations themselves. NMFS 

proposed these management measures 

on January 2, 2008 (73FR140). The 

different regulatory process requires a 

different classification section for these 

recreational management measures. 

This action has been determined to be 

not significant for purposes of Executive 

Order 12866. 

The AA finds good cause to waive the 

requirement to provide a 30-day delay 

in effectiveness (5 U.S.C. 553(d)) 

because it is contrary to the public 

interest to delay the effectiveness date of 

this rule for 30 days. This rule must be 

made effective for the opening of the 

2008 Pacific halibut fishing season on 

March 8, 2008. Because the annual 

quotas and management measures are 

ultimately determined by an 

international commission, the IPHC, the 

AA is constrained and cannot publish 

the final rule until after the IPHC has 

adopted the annual quotas and 

management measures for the year. 

NMFS’s implementation of the CSP in 

Area 2A could not begin until after 

January 18, 2008, when the IPHC 

adopted annual quotas and management 

measures for 2008. There was not 

enough time between when the IPHC 

adopted the annual quotas and 

management measures for 2008 and the 

scheduled March 8, 2008, start of the 

fishing season to publish the regulations 

in the Federal Register with enough 

time for a 30-day delay in effectiveness. 

In addition, it would be contrary to the 

public interest to delay this portion of 

the rulemaking because it may cause 

confusion to implement only a portion 

of the Pacific halibut regulations and 

management measures. The public has 

been provided opportunity for public 

comment through the PFMC process 

and state meetings between September 

2007 and January 2008. This portion of 

the Pacific halibut regulations and 

management measures is guided by the 

CSP for Area 2A and not changed from 

the proposed rule other than adding 

specific dates and quotas. The proposed 

rule provided estimates of these dates 

and quotas. The sport fishery 

management measures are largely 

unchanged from year to year, so the 

public is aware of how this fishery 

operates and, therefore, would not 

benefit form a delay in effectiveness. 

NMFS prepared an Initial Regulatory 

Flexibility Analysis (IRFA) in 

association with the proposed rule for 

this action. A final regulatory flexibility 

analysis (FRFA) incorporates the IRFA, 

a summary of the significant issues 

raised by the public comments in 

response to the IRFA, if any, and NMFS 

responses to those comments, and a 

summary of the analyses completed to 

support the action. NMFS received no 

comments on the IRFA. A copy of the 

FRFA is available from the NMFS 

Northwest Region (see ADDRESSES) and 

a summary of the FRFA follows: 

This rule is needed to implement the 

CSP and annual domestic management 

measures in Area 2A. The main 

objective for the Pacific halibut fishery 

in Area 2A is to manage the fisheries to 

remain within the TAC for Area 2A, 

while also allowing each commercial, 

recreational, and tribal fishery to target 

halibut in the manner most appropriate 

for the users’ needs within that fishery. 

This rule is intended to enhance the 

conservation of Pacific halibut, to 

protect yellow eye rockfish and other 

overfished species from incidental catch 

in the halibut fisheries, and to provide 

greater angler opportunity where 

available. 

The agency received five letters of 

comment on the proposed rule, but 

none of the comments received 

addressed the IRFA or the effects of this 

action on small entities. Two letters of 

comment discussed the effects of 

halibut management in Alaska, which 

was not within the scope of the 

proposed rule or IRFA for Area 2A. 

Therefore, those letters are not 

addressed in the FRFA. No issues were 

raised by the public regarding the IRFA 

for Area 2A. Therefore, no changes were 

made to the proposed rule as a result of 

these comments. 

A fish-harvesting business is 

considered a ‘‘small’’ business by the 

Small Business Administration (SBA) if 

it has annual receipts not in excess of 

$4.0 million. For related fish-processing 

businesses, a small business is one that 

employs 500 or fewer persons. For 

wholesale businesses, a small business 

is one that employs not more than 100 

people. For marinas and charter/party 

boats, a small business is one with 

annual receipts not in excess of $6.5 

million. All of the businesses that 

would be affected by this action are 

considered small businesses under 

Small Business Administration 

guidance. 

This action finalizes the following 

changes to the CSP, which allocates the 

catch of Pacific halibut among users in 

Washington, Oregon and California: (1) 

reopen the Washington North Coast 

subarea June sport fishery on the first 

Tuesday following June 16; (2) clarify 

that the Saturday offshore opener in the 

Washington North Coast subarea June 

sport fishery is contingent on available 

quota; (3) provide flexibility in the date 

that the entire Washington North Coast 

subarea sport fishery reopens for one 

day after June 24; (4) retain the opening 

date of May 1 for the Washington South 

Coast subarea primary sport fishery in 

2008 and, starting in 2009, revise the 

opening date to May 1 if it is a Sunday, 

otherwise, open on the first Sunday 

following May 1; (5) set the Washington 

South Coast subarea primary sport 

fishery as a 2-day per week fishery, 

open Sunday and Tuesday; (6) set aside 

10 percent of the Washington South 

Coast subarea quota for the nearshore 

sport fishery once the primary fishery 

has closed; (7) set the Washington South 

Coast subarea nearshore sport fishery as 

a 4-day per week fishery, open Friday, 

Saturday, Sunday, and Tuesday; (8) 

remove outdated language referring to 

the 25,000 lb annual tribal allocation 

resulting from the U.S. v. Washington 

case; (9) edit language referring to the 

number of sport subareas to clarify that 

there are six rather than seven; and (10) 

revise the flexible in-season 

management provisions for the sport 

fisheries to allow modification of 

subarea quotas in all subareas. This 

action also implements sport fishery 

management measures for Area 2A and 

revises Catch sharing plan and domestic 

management measures in Area 2A 

specified at 50 CFR 300.63. These 

actions are intended to enhance the 

conservation of Pacific halibut, to 

provide greater angler opportunity 

where available, and to protect 

yelloweye rockfish and other overfished 


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12296 Federal Register / Vol. 73, No. 46 / Friday, March 7, 2008 / Rules and Regulations 

groundfish species from incidental 

catch in the halibut fisheries. 

In 1995, NMFS implemented the Plan, 

when the TAC was 520,000 pounds (236 

mt). In each of the intervening years 

between 1995 and the present, minor 

revisions to the Plan have been made to 

adjust for the changing needs of the 

fisheries, even though the TAC reached 

levels of over 1,000,000 pounds (454 

mt), with a peak of 1,480,000 pounds 

(671 mt) in 2004. Since 2004, there has 

been very little change in the total 

allowable catch and sector allocations. 

In 2006, the Area 2A Halibut TAC set 

by the IPHC was 1.38 million pounds 

(626 mt) and for 2007 it was 1.34 

million pounds (608 mt). However, the 

2008 TAC is lower than the TAC levels 

since 2001. The 2008 Area 2A TAC of 

1.22 million pounds (553.4 mt) is lower 

than previous years due to the IPHC’s 

new stock assessment information, 

revised selectivity assumptions and 

revised harvest policy. This is a 9–

percent decline from the 2007 TAC. 

Six hundred fifty-nine vessels were 

issued IPHC licenses to retain halibut in 

2007. IPHC issues licenses for: the 

directed commercial fishery in Area 2A, 

including licenses issued to retain 

halibut caught incidentally in the 

primary sablefish fishery (225 licenses 

in 2007); incidental halibut caught in 

the salmon troll fishery (292 licenses in 

2007); and the charterboat fleet (142 

licenses in 2007). No vessel may 

participate in more than one of these 

three fisheries per year. Individual 

recreational anglers and private boats 

are the only sectors that are not required 

to have an IPHC license to retain 

halibut. 

Specific data on the economics of 

halibut charter operations is 

unavailable. However, in January 2004, 

the Pacific States Marine Fisheries 

Commission (PSMFC) completed a 

report on the overall West Coast 

charterboat fleet. In surveying 

charterboat vessels concerning their 

operations in 2000, the PSMFC 

estimated that there were about 315 

charterboat vessels in operation off 

Washington and Oregon. In 2000, IPHC 

licensed 130 vessels to fish in the 

halibut sport charter fishery. Comparing 

the total charterboat fleet to the 130 and 

142 IPHC licenses in 2000 and 2007, 

respectively, approximately 41 to 45 

percent of the charterboat fleet could 

participate in the halibut fishery. The 

PSMFC has developed preliminary 

estimates of the annual revenues earned 

by this fleet and they vary by size class 

of the vessels and home state. Small 

charterboat vessels range from 15 to 30 

ft (4.572 to 9.144 m), and typically carry 

5 to 6 passengers. Medium charterboat 

vessels range from 31 to 49 ft (9.44 to 

14.93 m) in length and typically carry 

19 to 20 passengers. (Neither state has 

large vessels of greater than 49 ft (14.93 

m) in their fleet.) Average annual 

revenues from all types of recreational 

fishing, whale watching and other 

activities ranged from $7,000 for small 

Oregon vessels to $131,000 for medium 

Washington vessels. Estimates from the 

RIR show the recreational halibut 

fishery generated approximately $2.5 

million in personal income to West 

Coast communities, while the non-tribal 

commercial halibut fishery generated 

approximately $2.2 million in income 

impacts. Because these estimated 

impacts for the entire halibut fishery 

overall are less than the SBA criteria for 

individual businesses, these data 

confirm that charterboat and 

commercial halibut vessels qualify as 

small entities under the Regulatory 

Flexibility Act (RFA). 

These changes are authorized under 

the Pacific Halibut Act, implementing 

regulations at 50 CFR 300.60 through 

300.65, and the Pacific Council process 

of annually evaluating the utility and 

effectiveness of Area 2A Pacific halibut 

management under the Plan. Given the 

TAC, the sport management measures 

implement the Plan by managing the 

recreational fishery to meet the differing 

fishery needs of the various areas along 

the coast according to the Plan’s 

objectives. The measures are very 

similar to last year’s management 

measures. The changes to the Plan and 

domestic management measures are 

minor changes and are intended to help 

prolong the halibut season, provide 

increased recreational harvest 

opportunities, or clarify sport fishery 

management for fishermen and 

managers. There are no large entities 

involved in the halibut fisheries; 

therefore, none of these changes to the 

Plan and domestic management 

measures will have a disproportionate 

negative effect on small entities versus 

large entities. 

These changes do not include any 

reporting or recordkeeping 

requirements. These changes will also 

not duplicate, overlap or conflict with 

other laws or regulations. These changes 

to the Plan and annual domestic Area 

2A halibut management measures are 

not expected to have a ‘‘significant’’

economic impact on a ‘‘substantial 

number’’ of small entities, as that term 

is defined in the RFA. 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. As part of halibut 

management in Area 2A, NMFS 

maintains a toll-free telephone hotline 

where members of the public may call 

in to receive current information on 

seasons and requirements to participate 

in the halibut fisheries in Area 2A. This 

hotline also serves as small entity 

compliance guide. Copies of this final 

rule are available from the NMFS 

Northwest Regional Office upon request 

(See ADDRESSES). To hear the small 

entity compliance guide associated with 

this final rule, call the NMFS hotline at 

800–662–9825. 

Pursuant to Executive Order 13175, 

the Secretary recognizes the sovereign 

status and co-manager role of Indian 

tribes over shared Federal and tribal 

fishery resources. At section 305(b)(5), 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

establishes a seat on the Pacific Council 

for a representative of an Indian tribe 

with federally recognized fishing rights 

from California, Oregon, Washington, or 

Idaho. The U.S. government formally 

recognizes that 12 Washington Tribes 

have treaty rights to fish for Pacific 

halibut. In general terms, the 

quantification of those rights is 50 

percent of the harvestable surplus of 

Pacific halibut available in the tribes’

usual and accustomed fishing areas 

(described at 50 CFR 300.64). Each of 

the treaty tribes has the discretion to 

administer their fisheries and to 

establish their own policies to achieve 

program objectives. Accordingly, tribal 

allocations and regulations, including 

the changes to the CSP, have been 

developed in consultation with the 

affected tribe(s) and, insofar as possible, 

with tribal consensus. 

List of Subjects in 50 CFR Part 300 

Fishing, Fisheries, Indian fisheries, 

Reporting and recordkeeping 

requirements, Treaties. 

Dated: March 3, 2008. 

John Oliver 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 300 is amended 

as follows: 

PART 300—INTERNATIONAL 

FISHERIES REGULATIONS 

■ 1. The authority citation for part 300 

continues to read as follows: 


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Authority: 16 U.S.C. 773 et seq. 

■ 2. In § 300.63, paragraph (c)(2)(v) is 

revised to read as follows: 

§ 300.63 Catch sharing plan and domestic 

management measures in Area 2A. 

* * * * * 

(c) * * * 

(2) * * * 

(v) Modification of subarea quotas. 

* * * * * 

[FR Doc. 08–982 Filed 3–6–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–8010–02] 

RIN 0648–XG12 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Vessels Catching Pacific Cod for 

Processing by the Offshore 

Component in the Western Regulatory 

Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by vessels 

catching Pacific cod for processing by 

the offshore component in the Western 

Regulatory Area of the Gulf of Alaska 

(GOA). This action is necessary to 

prevent exceeding the A season 

allocation of the 2008 total allowable 

catch (TAC) of Pacific cod apportioned 

to vessels catching Pacific cod for 

processing by the offshore component of 

the Western Regulatory Area of the 

GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 4, 2008, until 1200 

hrs, A.l.t., September 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The A season allocation of the 2008 

TAC of Pacific cod apportioned to 

vessels catching Pacific cod for 

processing by the offshore component of 

the Western Regulatory Area of the GOA 

is 1,167 metric tons (mt) as established 

by the 2008 and 2009 harvest 

specifications for groundfish of the GOA 

(73 FR 10562, February 27, 2008). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2008 TAC of Pacific 

cod apportioned to vessels catching 

Pacific cod for processing by the 

offshore component of the Western 

Regulatory Area of the GOA will soon 

be reached. Therefore, the Regional 

Administrator is establishing a directed 

fishing allowance of 1,017 mt, and is 

setting aside the remaining 150 mt as 

bycatch to support other anticipated 

groundfish fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific cod by 

vessels catching Pacific cod for 

processing by the offshore component in 

the Western Regulatory Area of the 

GOA. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific cod 

apportioned to vessels catching Pacific 

cod for processing by the offshore 

component of the Western Regulatory 

Area of the GOA. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of March 3, 2008. 

The AA also finds good cause to 

waive the 30–day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: March 3, 2008. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 08–981 Filed 3–4–08; 2:44 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–8010–02] 

RIN 0648–XG09 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 630 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

630 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the B season allowance of the 2008 total 

allowable catch (TAC) of pollock for 

Statistical Area 630 in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), March 10, 2008, through 

1200 hrs, A.l.t., May 31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The B season allowance of the 2008 

TAC of pollock in Statistical Area 630 

of the GOA is 1,709 metric tons (mt) as 

established by the 2008 and 2009 

harvest specifications for groundfish of 

the GOA (73 FR 10562, February 27, 

2008). 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator has 

determined that the B season allowance 

of the 2008 TAC of pollock in Statistical 


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